Truck Driver Fatigue & Hours-of-Service Violations
Federal law limits how long commercial truck drivers can drive before resting. When those rules are violated, serious truck accidents can happen. Learn how these cases are investigated and what steps may help protect your rights.
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Quick Answer
Federal law limits how long commercial truck drivers can drive before resting. If those rules are violated and a crash occurs, the driver, trucking company, or both may be legally responsible. Learn more about your legal rights on our Truck Accident Lawyer page.
What You'll Learn
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What Hours-of-Service rules are
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How fatigue causes truck accidents
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What evidence Ryan investigates
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What to do after a serious truck accident
Table of Contents
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Understanding Federal Hours-of-Service Rules
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Who Must Follow Hours-of-Service Rules?
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How Many Hours Can Truck Drivers Legally Drive?
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Required Rest Breaks
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How Driver Fatigue Causes Truck Accidents
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Warning Signs of Driver Fatigue
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Evidence Ryan May Investigate
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Trucking Company Responsibility
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What to Do After a Serious Truck Accident
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Frequently Asked Questions
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Request Your Free Consultation
Understanding Federal Hours-of Service Rules
Federal Hours-of-Service (HOS) regulations are safety rules established by the Federal Motor Carrier Safety Administration (FMCSA). These rules limit how long commercial truck drivers can drive and require specific rest breaks to help reduce fatigue-related crashes.
The purpose of these regulations is simple: a tired truck driver can be just as dangerous as an impaired driver. Fatigue slows reaction time, affects judgment, and increases the risk of serious accidents involving large commercial trucks.
When a truck accident occurs, investigators often examine whether the driver and trucking company followed Hours-of-Service regulations. Violations may become an important part of understanding how the crash happened and who may be legally responsible.
How Many Hours Can Truck Drivers Legally Drive?
Federal Hours-of-Service regulations establish limits on how long most commercial truck drivers may drive before taking required rest breaks. These rules are designed to reduce driver fatigue, improve highway safety, and help prevent serious truck accidents.
For many property-carrying commercial drivers, the general federal rules include:
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Up to 11 hours of driving after at least 10 consecutive hours off duty.
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Drivers generally may not drive beyond the 14th consecutive hour after coming on duty, even if they have taken breaks during the day.
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Drivers are generally required to take a 30-minute break after 8 cumulative hours of driving if they plan to continue driving.
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Additional weekly limits also apply, including the 60-hour/7-day and 70-hour/8-day rules, depending on the carrier's operating schedule.
These regulations apply across the United States, including commercial truck drivers operating in Missouri and Illinois. If a driver exceeds these legal limits and a serious crash occurs, investigators may examine whether a Hours-of-Service violation contributed to the accident.
Every truck accident is different. Determining whether federal safety regulations were violated often requires reviewing electronic logging device (ELD) records, driver logs, dispatch records, and other evidence.
Questions about a truck accident in Missouri or Illinois?
If you believe driver fatigue may have contributed to a crash, Ryan Schuenke can review your situation and explain your legal options.
Who Must Follow Hours-of-Service Rules?
Federal Hours-of-Service regulations generally apply to commercial motor vehicle drivers who transport property or passengers in interstate commerce. Many drivers operating large commercial trucks must follow these federal safety regulations, although certain industries, short-haul operations, and emergency situations may be subject to different rules or exemptions.
Most tractor-trailer drivers traveling through Missouri and Illinois are required to comply with these federal regulations. Trucking companies are also responsible for helping ensure drivers follow applicable Hours-of-Service requirements and maintain accurate records.
If a truck driver who should have been following these regulations exceeds the legal driving limits and causes a crash, investigators may examine whether those violations contributed to the collision and whether the trucking company met its safety obligations.
What Rest Breaks Are Required?
For many commercial truck drivers, federal Hours-of-Service regulations generally require a 30-minute break after 8 cumulative hours of driving if the driver plans to continue driving. This rule is designed to help reduce driver fatigue and improve safety for everyone on the road.
Most interstate commercial truck drivers traveling through Missouri and Illinois are subject to these federal regulations. While some drivers or operations may qualify for exceptions, many long-haul trucking companies and their drivers must comply with the FMCSA's Hours-of-Service requirements.
Following a serious truck accident, investigators may review electronic logging device (ELD) data, driver logs, dispatch records, GPS information, fuel receipts, toll records, and other evidence to determine whether required rest breaks were taken and whether any Hours-of-Service violations may have contributed to the crash.
What Is the 14-Hour Rule?
The 14-hour rule generally provides that many property-carrying commercial truck drivers may not drive beyond the 14th consecutive hour after coming on duty, even if they have taken breaks during the day. Once the 14-hour window ends, the driver generally cannot legally continue driving until obtaining the required off-duty time.
This rule exists to reduce fatigue by limiting the length of a driver's workday. Although breaks may temporarily pause driving, they generally do not extend the 14-hour driving window.
If a commercial truck driver continues driving beyond the legal 14-hour limit, the risk of fatigue-related errors may increase. Following a serious truck accident, investigators may examine whether a driver exceeded the 14-hour window and whether the trucking company encouraged or allowed unsafe driving practices. Evidence of a violation may be an important factor when determining how the crash occurred and who may be legally responsible.
What Is the 60/70-Hour Rule?
The federal 60/70-hour rule limits how many hours many commercial truck drivers may work over a period of several days. Depending on how often the trucking company operates, drivers are generally limited to 60 hours in 7 consecutive days or 70 hours in 8 consecutive days. These limits are designed to reduce cumulative fatigue and improve highway safety.
Unlike the daily driving limits, the 60/70-hour rule focuses on fatigue that builds over time. Even if a driver follows the daily driving rules, repeatedly working long hours over several days can reduce alertness, slow reaction times, and increase the risk of serious truck accidents.
After a serious truck accident, investigators may review driver logs, electronic logging device (ELD) data, payroll records, dispatch schedules, and other employment records to determine whether the driver exceeded the applicable weekly driving limits. Evidence of repeated Hours-of-Service violations may help establish whether fatigue played a role in causing the crash.
What Is the 34-Hour Restart?
The federal 34-hour restart allows many commercial truck drivers to reset their weekly Hours-of-Service limits after taking at least 34 consecutive hours off duty. Once the required off-duty period is completed, a driver may begin a new workweek under the applicable federal Hours-of-Service rules.
The purpose of the restart is to help reduce cumulative fatigue that can develop after working long hours over multiple days. Federal safety regulations recognize that fatigue can build over time, even if a driver complies with daily driving limits.
After a serious truck accident, investigators may review electronic logging device (ELD) records, driver logs, dispatch records, payroll records, GPS data, and other evidence to determine whether a driver properly qualified for a 34-hour restart or whether Hours-of-Service violations contributed to the crash.
If evidence shows a trucking company encouraged or permitted drivers to ignore federal Hours-of-Service requirements, that evidence may become important when determining who may be legally responsible for the accident.
How Driver Fatigue Causes Serious Truck Accidents
Driver fatigue is one of the leading causes of serious commercial truck accidents. A fully loaded tractor-trailer requires significantly more time and distance to stop than a passenger vehicle. When a truck driver is fatigued, even a brief lapse in attention can have devastating consequences.
Fatigue affects many of the same abilities as alcohol impairment. It can slow reaction time, reduce judgment, impair concentration, and make it more difficult to recognize hazards. In some cases, exhausted drivers experience "microsleeps"—brief periods lasting only a few seconds in which they fall asleep without realizing it.
Common fatigue-related truck accidents include:
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Rear-end collisions
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Lane departure crashes
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Head-on collisions
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Jackknife accidents
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Rollover crashes
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Failure to stop for slowed or stopped traffic
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Missing traffic signals or warning signs
Following a serious truck accident, investigators may review Hours-of-Service records, electronic logging device (ELD) data, dispatch records, and other evidence to determine whether driver fatigue or violations of federal safety regulations contributed to the crash.
How Driver Fatigue Causes Serious Truck Accidents
Driver fatigue is one of the leading causes of serious commercial truck accidents. A fully loaded tractor-trailer requires significantly more time and distance to stop than a passenger vehicle. When a truck driver is fatigued, even a brief lapse in attention can have devastating consequences.
Fatigue affects many of the same abilities as alcohol impairment. It can slow reaction time, reduce judgment, impair concentration, and make it more difficult to recognize hazards. In some cases, exhausted drivers experience "microsleeps"—brief periods lasting only a few seconds in which they fall asleep without realizing it.
Common fatigue-related truck accidents include:
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Rear-end collisions
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Lane departure crashes
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Head-on collisions
-
Jackknife accidents
-
Rollover crashes
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Failure to stop for slowed or stopped traffic
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Missing traffic signals or warning signs
Following a serious truck accident, investigators may review Hours-of-Service records, electronic logging device (ELD) data, dispatch records, and other evidence to determine whether driver fatigue or violations of federal safety regulations contributed to the crash.
What Evidence Can Prove Hours-of-Service Violations?
After a serious truck accident, one of the most important questions is whether the truck driver complied with federal Hours-of-Service regulations. Determining the answer often requires reviewing multiple sources of evidence rather than relying only on the driver's statement.
Depending on the circumstances of the crash, evidence may include:
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Electronic Logging Device (ELD) records
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Driver logbooks
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GPS location data
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Dispatch records and load assignments
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Qualcomm or in-cab communications
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Fuel receipts
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Toll records
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Weigh station records
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Payroll and time records
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Cell phone records
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Dash camera or surveillance footage
Comparing these records can sometimes reveal inconsistencies that may indicate Hours-of-Service violations or driver fatigue. For example, GPS records, fuel purchases, and electronic logging data may help establish whether a driver exceeded federal driving limits or failed to take required rest breaks.
Because some trucking records are retained only for limited periods, obtaining and preserving evidence as early as possible can be important following a serious truck accident.
Who May Be Responsible for a Fatigue-Related Truck Accident?
Determining who is legally responsible for a truck accident often requires a careful investigation. While a fatigued truck driver may be responsible in some cases, other individuals or companies may also share legal responsibility depending on the facts.
Potentially responsible parties may include:
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The truck driver, if federal Hours-of-Service regulations were violated or the driver operated while dangerously fatigued.
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The trucking company, if it encouraged unrealistic schedules, failed to monitor Hours-of-Service compliance, or permitted unsafe driving practices.
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A motor carrier or employer, if company policies or supervision contributed to the violation.
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Other parties, depending on the circumstances of the accident and the available evidence.
Following a serious truck accident, investigators may review electronic logging device (ELD) records, dispatch records, driver logs, GPS data, company safety records, and other evidence to determine whether Hours-of-Service violations or fatigue contributed to the crash.
Every truck accident is different. Attorney Ryan Schuenke reviews the available evidence to help determine what legal options may be available and who may be legally responsible under the facts of the case.
Frequently Asked Questions About Truck Driver Fatigue
Who May Be Responsible for a Fatigue-Related Truck Accident?
Generally, no. Federal Hours-of-Service regulations limit most property-carrying commercial truck drivers to a maximum of 11 hours of driving after taking at least 10 consecutive hours off duty. Exceptions may apply in limited circumstances.
What happens if a truck driver violates the Hours-of-Service rules?
Hours-of-Service violations may result in enforcement action by federal or state authorities. If a violation contributed to a truck accident, it may also become important evidence during a personal injury or wrongful death claim.
What is an Electronic Logging Device (ELD)?
An Electronic Logging Device (ELD) automatically records a commercial driver's driving time and Hours-of-Service information. ELD data may become important evidence when investigating whether driver fatigue contributed to a serious truck accident.
Can trucking companies be held responsible for driver fatigue?
Depending on the facts, yes. If a trucking company encouraged unsafe schedules, failed to monitor Hours-of-Service compliance, or permitted violations of federal safety regulations, it may share legal responsibility for the accident.
How long are trucking records kept?
Some trucking records are retained for only a limited period under federal regulations or company policies. Because important evidence may not be preserved indefinitely, it is often important to begin an investigation as soon as possible after a serious truck accident.
Speak With Attorney Ryan Schuenke About Your Truck Accident
Every truck accident deserves a careful legal review. Attorney Ryan Schuenke personally reviews the facts of your case, explains your legal options, and helps you understand the next steps—at no cost to you.
If appropriate, Schuenke Law Firm can begin preserving critical evidence immediately and taking the legal steps necessary to protect your claim.