Federal regulations place strict limits on the hours a truck driver can be on the road. Fatigued truck drivers experience significantly slower reaction times and impaired decision-making, putting their lives and others at serious risk. When a sleep-deprived truck driver turns your life upside down, the attorneys at D. Miller & Associates are here to hold negligent parties accountable and help you recover the full, fair compensation you deserve..
We know the FMCSA hours-of-service regulations, the violations carriers try to hide, and every factor that contributes to truck accidents on Texas roads.
What Are the FMCSA Hours of Service Regulations?
Some of the key regulations regarding truck driver hours of service include:
- Maximum driving time: Truck drivers cannot drive more than 11 hours after 10 consecutive hours off duty. Exceeding this limit dramatically increases the risk of a serious accident.
- On-duty limits: Once a driver begins their shift, they have a 14-hour window to complete all work, including driving, loading, and paperwork. Short breaks do not stop or extend this 14-hour clock. When that window closes, they cannot drive again until they have taken 10 consecutive hours off duty.
- Mandatory breaks: Drivers must take a 30-minute break after 8 cumulative hours of driving without interruption. Skipping this break puts everyone on the road at risk.
- Weekly hours: A driver cannot exceed 60 hours of on-duty time over 7 consecutive days, or 70 hours over 8 consecutive days. Violating these limits compounds fatigue over time and raises the risk of a catastrophic crash.
- Sleeper berth rules: Instead of taking a full 10 hours off duty at once, drivers are permitted to split that rest into two separate periods. Under current FMCSA rules, the split can be either 8 hours in the sleeper berth paired with 2 hours off duty, or 7 hours in the sleeper berth paired with 3 hours off duty. The clock effectively pauses while they rest, giving them their full allotment of driving time once they’re back on the road.
An experienced Texas truck accident attorney knows how to uncover FMCSA violations and use that evidence to build the strongest possible case on your behalf.
How We Use FMCSA Violations to Fight for You
When a truck driver breaks federal hours-of-service rules, that violation can become powerful evidence in your truck accident in Texas claim. Here’s where an experienced attorney looks to build your case:
Electronic Logging Device (ELD) Records
A close look into ELD records can show whether a driver was skipping breaks, cutting short necessary sleep time, or otherwise in violation of hours-of-service regulations.
Driver Logbooks
Many truck drivers still maintain paper logbooks, so attorneys must also look into these sources of evidence. Inconsistencies between ELD data and paper logs may indicate a driver was falsifying information to hide violations.
Company Dispatch Records
Dispatch logs reveal the schedules assigned to drivers and delivery expectations. If a company pressured a driver to exceed hours or skip breaks, this can point to negligence at the corporate level. Attorneys use this to hold not just the driver, but also the trucking company, accountable.
Witness Statements
People who witnessed the accident may be able to speak to the truck driver’s behavior leading up to the crash. If the driver was nodding off, swerving, or ignoring traffic signs, such observations can support a claim of driver fatigue.
Accident Reconstruction Reports
Reconstruction experts can analyze a crash and determine if fatigue or long driving hours likely contributed. They might note things like the truck drifting out of its lane, delayed braking, or unusually slow reaction to road hazards, patterns consistent with a tired driver. These findings can help link hours-of-service violations directly to the cause of the accident.
We Fight for the Compensation You Deserve
At D. Miller & Associates, every piece of evidence we pursue, every ELD record, dispatch log, and violation report, serves one purpose: building the strongest possible case for the compensation you deserve.
Our record speaks for itself. We have recovered more than $650 million in verdicts and settlements for injury victims across Texas.
Whether you were injured or lost a loved one, we are ready to fight for you. Check out our Texas Truck Accident Guide to learn more about how we handle these complex, high-stakes cases.
Speak with a Houston Truck Accident Lawyer
Our attorneys are highly familiar with the many ways FMCSA violations and trucking company negligence contribute to serious accidents, and how to build the strongest possible case on behalf of the injured. Contact us for a free consultation with an experienced member of our legal team.
