TRUCK TALK
Navigating Hours Of Service Regulations
The current HOS rules for property-carrying commercial drivers set four main limits:
Hours of Service Limits, What Federal Law Requires
FMCSA Hours of Service Limits, 49 CFR Part 395
11-Hour Driving Limit
A driver may not drive more than 11 hours after 10 consecutive hours off duty.
14-Hour On-Duty Window
A driver may not drive beyond the 14th consecutive hour after coming on duty, time spent on non-driving tasks counts toward this limit.
30-Minute Rest Break
After 8 consecutive hours of driving, the driver must take at least 30 minutes off duty before continuing.
60/70-Hour Weekly Limit
Drivers cannot drive after accumulating 60 hours on duty in any 7 consecutive days, or 70 hours in any 8 consecutive days.
34-Hour Restart
Drivers can reset the weekly clock with at least 34 consecutive hours off duty.
Sleeper Berth Split
Drivers using a sleeper berth may split the required 10-hour off-duty period, at least 7 consecutive hours in the berth, plus at least 2 consecutive hours off duty or in the berth.
What Electronic Logging Devices Record, and What It Shows
Since December 2017, the FMCSA has required most commercial drivers to use Electronic Logging Devices (ELDs). ELDs sync automatically with the truck’s engine, recording every change in duty status in real time, based on actual engine activity. Unlike the paper logs that drivers once filled out manually, ELD data is difficult to falsify and far harder to “lose.” ELD evidence from a Lexington truck crash is covered on the Lexington truck accident lawyer page.
After an accident, ELD data is among the first evidence our team preserves. It can show:
Whether the driver was within legal driving hours at the time of impact
How long the driver had been on duty without required rest
Whether required breaks were actually taken or skipped
Whether the carrier’s dispatch records match the driver’s actual logged time
Prior HOS violations in the days or weeks before the accident
This data must be preserved with a legal hold notice, sent immediately. Once a truck returns to service, ELD data can be overwritten. Our team sends preservation letters early. See our full breakdown of trucking accident evidence for what else we collect.
Why Carriers Violate Hours of Service Rules
HOS violations are not random. They are systemic, created by carrier cultures that prioritize throughput over compliance. The most common drivers of violations:
Unrealistic delivery schedules
dispatchers setting timelines that cannot be met within legal hours, creating implicit pressure to skip rest breaks
Per-mile pay structures
drivers paid only for miles driven, not for time spent waiting at docks or stuck in traffic, incentivizing driving beyond legal limits to make up lost revenue
Traffic and weather delays
drivers who fall behind schedule due to conditions outside their control face pressure from dispatch to “make it up”
Lack of available parking and rest facilities
a documented FMCSA-identified problem that forces drivers to drive past safe stopping points to reach legal parking
When a carrier’s management knew or should have known that its schedule required HOS violations, the carrier’s independent liability goes beyond respondeat superior. That’s the kind of systemic failure that can support a punitive damages claim in Kentucky courts.
Fatigued Driving, What the Research Shows
The FMCSA Large Truck Crash Causation Study identified driver fatigue as a factor in a significant portion of large truck accidents. Critically, fatigue was not just a contributing factor, in many cases it was the critical reason for the accident. The NHTSA reports that being awake for 18 consecutive hours produces impairment comparable to a blood alcohol level of 0.05%. At 24 hours awake, impairment matches 0.10% BAC, above the legal limit for any driver.
Drowsy driving looks like distracted driving from the outside
A fatigued driver drifts in their lane, fails to brake in time, and misjudges gaps in traffic. In an accident investigation, the difference between fatigue and inattention matters, ELD data and driver logs are often the only way to establish fatigue as the root cause, which is why preserving that evidence immediately is so critical.
HOS Violations and Your Injury Case
In a civil case, proving a driver was over their HOS limit at the time of an accident does several things at once. It establishes that the driver was operating in violation of a federal safety regulation. It creates an inference that the driver was impaired by fatigue. And it exposes the carrier to independent liability for allowing the violation to occur, especially when prior violations appear in the same driver’s ELD history.
Our team pairs HOS violation evidence with the full picture of trucking negligence: driver qualification files, maintenance records, prior FMCSA safety ratings, and the carrier’s history with DOT out-of-service violations. The pattern matters, because carriers that repeatedly violate HOS rules do so knowingly.
Core FMCSR Parts in a Truck Accident Case
Hours of Service is one part of a much larger federal rulebook. A few sections of 49 CFR come up again and again when we build a truck accident case:
Part 382, controlled substance and alcohol testing
When and how carriers must test drivers for drugs and alcohol.
Part 383, commercial driver’s license standards
The CDL requirements a driver must meet to operate a commercial truck.
Part 391, driver qualification files
The records a carrier must keep proving a driver was qualified to be behind the wheel.
Part 392, driving of commercial motor vehicles
The on-the-road conduct rules, from impairment to hazard handling.
Part 393, parts and accessories for safe operation
The equipment a truck must have and keep in working order, including brakes, lights, and cargo securement.
Part 395, hours of service
The driving and rest limits covered in detail above.
Part 396, inspection, repair, and maintenance
The upkeep and inspection records a carrier must maintain to keep a truck safe.
A violation of any one of these is not just a paperwork problem. Each is a federal safety standard, and a breach becomes evidence of negligence in an injury case.
Commercial Truck Litigation Counsel
Handling catastrophic commercial truck collisions requires thorough knowledge of the Federal Motor Carrier Safety Regulations, digital evidence preservation requirements, and corporate motor carrier discovery practices. Jon Hollan and Sam Aguiar maintain selection in the Trucking Trial Lawyers Association Top 10, directing complex commercial vehicle investigations against national transportation carriers.
Under the Bigger Share Guarantee®, our clients always walk away with more money than the firm after medical bills, liens, and case expenses are paid. If a client’s share would ever be less than the legal fee, the firm cuts its fee. Every case receives a dedicated three-person team: a top-rated attorney, an experienced case manager, and a skilled legal assistant. We work under a flat contingency fee that never increases if your case goes to trial, with $0 out-of-pocket expenses forever.
Insurance companies push settlement releases quickly after a commercial wreck because an injury release is permanent. Once signed, the insurance claim is closed forever, leaving injured people to pay future medical expenses out of pocket. For a free case review, contact Sam Aguiar Injury Lawyers in Louisville at (502) 888-8888 or in Lexington at (859) 888-8000. Get more. Get it faster. Get it with Sam Aguiar.
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