Truck Accident Claims: How Do I Know If a Truck Violated Hours of Service Limits?

Truckers need to be well-rested in order to operate safely. A tired trucker is a dangerous trucker. The Federal Motor Carrier Safety Administration (FMCSA) has Hours of Service (HOS) regulations in place that are designed to combat the problem of fatigued driving. They limit the amount of time that a trucker can lawfully drive in a given day or week.

Do you suspect that your crash was caused by a fatigued trucker who was on the road for too long? You may be wondering how you can prove that they were in violation of HOS limits. A lawyer can help you seek records. Here, our Miami semi-truck accident attorney explains your options if you believe that a trucker may have been in violation of HOS regulations.

An Overview of HOS Requirements for Truckers (Federal Regulations)

As fatigued driving is dangerous driving, federal regulators limit the amount of time that a trucker can spend behind the wheel. The FMCSA’s Hours of Service (HOS) rules put a cap on commercial driving time. Notably, the regulations apply to most drivers of commercial motor vehicles (CMVs) engaged in interstate commerce. Here is an overview of key requirements:

11-Hour Driving Limit: A driver is allowed to drive a maximum of 11 hours after 10 consecutive hours off duty. No more driving is permitted per day for truckers.
14-Hour Limit (On-Duty Window): The 11-hour driving period must occur within a 14-hour window that starts once the driver begins any work-related activity. Breaks and off-duty time do not extend this 14-hour period.
30-Minute Break Rule: A commercial truck driver must take a 30-minute break after eight cumulative hours of driving time if no other qualifying break has been taken.
60/70-Hour Limit (Weekly Cycle): Under HOS regulations, truckers may not exceed: A) 60 hours on duty in 7 consecutive days, or B) 70 hours on duty in 8 consecutive days

Proving an HOS Violation: Your Lawyer Can Seek Records from the Truck Company

If you were injured in a crash involving a commercial truck, one important question to ask is whether the truck driver violated federal Hours of Service (HOS) regulations. Your lawyer can request electronic logging device (ELD) data, time-stamped GPS reports, and driver dispatch logs to identify inconsistencies. These records may reveal whether the driver exceeded legal driving limits or failed to take mandatory rest breaks.

Note: Fatigued driving is negligent driving. An overly fatigued trucker can still be held liable for a crash caused by their tiredness even if they were not in violation of HOS regulations.

Set Up a Free Case Review With a Top Miami, FL Truck Accident Attorney

At Pike & Lustig, LLP, our Miami trucking accident attorney has the professional experience that you can rely on in a complex case. Our team knows the law. If you or your loved one was involved in a serious crash with a fatigued driver, we are here to help. Contact us today for a free case review. From our Miami office, we represent truck accident victims throughout all of South Florida.

Source:

fmcsa.dot.gov/regulations/hours-of-service