What Happens When a Truck Driver Violates Hours-of-Service Rules and Causes an Accident?

When a commercial truck driver pushes past legal limits and gets behind the wheel exhausted, the consequences can be devastating. Fatigued driving is one of the most preventable causes of serious trucking accidents, yet violations of federal hours-of-service (HOS) regulations continue to put Nebraska drivers at risk every day. These rules exist for one reason: to keep dangerously tired drivers off the road.

At Knowles Law Firm, we have spent over 55 years fighting for injury victims across Nebraska, and our lawyers have seen firsthand how hours-of-service violations can transform a fully preventable crash into a life-altering event. As a family-owned firm, we approach every case with personal investment and a commitment to holding negligent parties accountable, including the drivers and trucking companies who disregard federal safety regulations.

What Are Hours-of-Service Rules for Truck Drivers?

Federal regulations governing how long a truck driver may operate a commercial vehicle are among the most important safety standards in the transportation industry. The Federal Motor Carrier Safety Administration (FMCSA) sets and enforces these rules, and understanding them matters when you have been injured in a crash.

What the Rules Require

Under the FMCSA’s hours-of-service regulations, property-carrying commercial drivers are generally limited to 11 hours of driving after 10 consecutive hours off duty. They may not drive beyond the 14th consecutive hour after coming on duty, and they cannot drive after accumulating 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days. A mandatory 30-minute break is required after eight cumulative hours of driving.

How Violations Happen

Pressure from trucking companies to meet tight deadlines often leads drivers to falsify logbooks, ignore mandated rest periods, or continue driving well past the point of exhaustion. Electronic logging devices (ELDs) were introduced to reduce fraud, but violations still occur. When a driver skips required rest or a carrier allows or encourages this behavior, everyone sharing the road pays the price.

How Do HOS Violations Affect Liability in a Truck Accident Case?

Hours-of-service violations can significantly strengthen a personal injury claim after a truck accident. When a driver was operating outside legal limits at the time of a crash, that violation is powerful evidence of negligence. It shows the driver was not legally permitted to be on the road, and it may implicate the trucking company as well.

Driver and Carrier Liability

Liability in a trucking accident rarely stops with the driver alone. If a carrier knew or should have known a driver was violating HOS rules and did nothing to correct it, the company may share legal responsibility. Dispatchers who push drivers to exceed their hours, companies with poor compliance practices, and fleet operators who fail to review ELD data can all face exposure in a personal injury claim. In cases involving 18-wheeler accidents, the damages can be catastrophic and warrant a thorough investigation into all potentially liable parties.

What Evidence Matters in an HOS Violation Case?

Proving an hours-of-service violation requires swift action to preserve critical records. Key evidence in these cases includes the following items:

• Electronic logging device (ELD) data
• DOT logbooks and driver duty status records
• Engine control module and event data recorder information
• Dispatch records, schedules, and trip logs
• Communication between drivers and fleet managers
• Dashcam footage

Trucking companies are not always eager to preserve this evidence, which is why it is important to act quickly. Electronic data in a truck accident case can be overwritten or lost, and an attorney can issue a legal hold notice to preserve it.

What Damages May Be Available After a Fatigue-Related Truck Accident?

When fatigued driving leads to serious injuries, victims may be entitled to compensation for a broad range of losses. Medical expenses, lost income, reduced future earning capacity, and pain and suffering are among the most common categories pursued in these claims. In accidents where a family member has died, a wrongful death claim may also be available for surviving family members. 

An accident reconstructionist or HOS compliance consultant can help establish exactly how the violation contributed to the crash and the severity of your losses, and an expert witness can strengthen your Nebraska personal injury claim considerably.

Contact Knowles Law Firm After a Truck Accident in Nebraska

Knowles Law Firm has recovered millions of dollars on behalf of injured Nebraskans, including a $1.85 million result in a trucking accident case and multiple additional recoveries exceeding $1 million in truck-related claims. The lawyers at Knowles Law Firm work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.If you were hurt in a crash involving a fatigued or hours-of-service noncompliant truck driver, we may be able to help you pursue the full compensation you deserve. Contact our team today to discuss your case at no cost.