Truck Talk: Hours of Service Regulations in Kentucky
Fatigue kills. Federal Hours of Service rules exist to keep exhausted truck drivers off the road. When carriers cut corners, Kentucky families pay the price. Here is what the law requires—and how we prove violations.
Driving an 80,000-pound truck is no easy task, and ensuring the safety of Kentucky roads means holding drivers and trucking companies to the highest standards. In this episode of Truck Talk by Sam Aguiar Injury Lawyers, attorney Jon Hollan breaks down the critical details of Hours of Service (HOS) regulations—the federal rules designed to prevent driver fatigue and reduce catastrophic accidents. If you or a loved one has been hurt in a truck accident, call (502) 888-8888.
Watch: Truck Talk — Hours of Service
Attorney Jon Hollan explains how HOS violations lead to fatal truck crashes in Kentucky. Watch on YouTube
What Are Hours of Service Regulations?
Hours of Service regulations are federal rules enforced by the Federal Motor Carrier Safety Administration (FMCSA) that limit how long commercial truck drivers can operate before they must rest. These rules exist for one reason: fatigued driving is deadly.
As attorney Hollan explains in the video, truck drivers typically operate within a 14-hour daily shift. Within those 14 hours, no more than 11 hours can be spent actually driving. The remaining time is for loading, unloading, fueling, inspections, and other non-driving duties. After the 14-hour window expires, a driver must take at least 10 consecutive hours off duty before starting a new shift.
Additional HOS Rules
- 30-minute break: Drivers must take a 30-minute break after 8 cumulative hours of driving
- 60/70-hour limit: Drivers cannot exceed 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days
- 34-hour restart: A driver may restart the 60/70-hour clock after taking 34 or more consecutive hours off duty
- Sleeper berth provision: Drivers using a sleeper berth must take at least 7 consecutive hours in the berth, plus a separate rest period of at least 2 hours
From Paper Logs to Electronic Logging Devices
Remember the days of paper logbooks? They are primarily a thing of the past. The federal government now mandates electronic logging devices (ELDs) for most commercial motor vehicles. These digital systems connect directly to the truck’s engine and automatically track driving hours, making it significantly harder to falsify records.
Some ELDs operate as apps on cell phones or tablets linked to the vehicle’s onboard diagnostics port. While the technology has dramatically improved compliance, violations still occur. Drivers and carriers may attempt to:
- Use a second, unregistered device to mask true driving hours
- Drive under a different driver’s credentials
- Disconnect or tamper with the ELD hardware
- Claim “personal conveyance” or “yard moves” to avoid logging on-duty time
Why ELD Data Matters in Your Case
ELD records are among the most critical pieces of evidence in a truck accident case. They provide a near-irrefutable timeline of exactly when a driver was on duty, driving, and resting. When a trucking company’s ELD data contradicts their driver’s account of the crash, it can be the difference between winning and losing your case.
Important: Federal regulations only require carriers to retain ELD data for 6 months. If you’ve been in a truck accident, acting quickly to preserve this evidence is critical.
How We Investigate HOS Violations
At Sam Aguiar Injury Lawyers, we understand the intricacies of federal trucking regulations. When a truck accident occurs, our team moves quickly to investigate whether hours-of-service violations contributed to the crash. Here is our process:
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Preserve the Evidence
We send immediate spoliation letters to the trucking company demanding preservation of all ELD data, driver logs, trip records, dispatch communications, and GPS data before they can be destroyed or overwritten.
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Obtain and Analyze Driver Logs
We subpoena complete ELD records and compare them against supporting documentation—fuel receipts, toll records, weigh station data, and delivery timestamps—to identify discrepancies.
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Reconstruct the Driver’s Timeline
Working with trucking industry experts, we build a comprehensive timeline of the driver’s activities in the hours and days leading up to the crash, looking for violations of the 11-hour, 14-hour, and 60/70-hour rules.
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Establish Fatigue as a Factor
We connect HOS violations to the crash itself, using accident reconstruction, witness testimony, and expert analysis to demonstrate that driver fatigue caused or contributed to the collision.
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Hold the Carrier Accountable
Trucking companies have a legal duty to monitor their drivers’ compliance with HOS rules. When they fail, they share liability. We pursue claims against both the driver and the carrier to maximize your recovery.
Bigger Share Guarantee® — You always take home more. Our no increased litigation fees contingency fee never increases when litigation begins. Most firms raise to 40–45% the moment a lawsuit is filed. That difference belongs in your pocket. $0 Out-Of-Pocket, forever.
Why HOS Violations Are So Dangerous
The consequences of fatigued truck driving are catastrophic. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving is a factor in an estimated 100,000 crashes, 71,000 injuries, and 1,550 fatalities annually in the United States. When the drowsy driver is operating an 80,000-pound commercial vehicle, the results are devastating.
A fatigued truck driver may experience:
- Slower reaction times — comparable to impairment from alcohol
- Impaired judgment — inability to assess and respond to road conditions
- Microsleeps — involuntary episodes of inattention lasting 4–5 seconds (at 65 mph, that covers the length of a football field)
- Lane departure — drifting across lanes without awareness
Common Signs of a Fatigue-Related Truck Crash
- No braking or evasive action before impact
- Single-vehicle run-off-road crashes
- Rear-end collisions at full speed
- Crashes occurring in the early morning hours (2:00–6:00 AM) or mid-afternoon
- Driver cannot explain what happened or has a vague account
Hours of Service — Frequently Asked Questions
How long can a truck driver legally drive in one day?
Under FMCSA regulations, a truck driver may drive a maximum of 11 hours after 10 consecutive hours off duty. All driving must occur within a 14-hour on-duty window. Once the 14-hour window expires, the driver must stop driving regardless of how many of those hours were spent behind the wheel.
What is an electronic logging device (ELD) and why does it matter in my case?
An ELD is a federally mandated device that connects to a truck’s engine and automatically records driving time, on-duty time, and rest periods. ELD data is critical evidence in truck accident cases because it provides an objective record of the driver’s hours. If the data shows the driver exceeded legal limits, it can establish negligence and significantly strengthen your claim.
Can a trucking company destroy ELD records after an accident?
Federal regulations require carriers to retain ELD records for only 6 months. Without a legal preservation demand, this data can be overwritten or lost. That is why it is critical to contact an attorney immediately after a truck accident—we send spoliation letters demanding the carrier preserve all electronic data, logs, and communications before evidence disappears.
How do I know if the truck driver who hit me was violating hours-of-service rules?
You likely won’t know at the scene. HOS violations are uncovered through investigation—by subpoenaing ELD records, comparing them against fuel receipts, toll data, and GPS records, and working with trucking industry experts. An experienced truck accident attorney can identify discrepancies that indicate the driver was exceeding legal limits.
Is the trucking company liable if their driver violated HOS rules?
Yes. Under federal law, motor carriers are required to monitor their drivers’ compliance with HOS regulations. If a carrier failed to enforce these rules—or worse, encouraged a driver to exceed limits to meet delivery deadlines—the company can be held directly liable for the resulting crash. We pursue claims against both the driver and the carrier.
How does Sam Aguiar Injury Lawyers handle truck accident cases differently?
We move fast. Truck accident evidence disappears quickly—ELD data, dashcam footage, and dispatch records can be overwritten or destroyed within days. Our team sends immediate preservation demands, retains industry experts, and begins building your case from day one. Combined with our Bigger Share Guarantee® (no increased litigation fees fee that never increases), you get aggressive representation and keep more of your recovery.
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