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Federal hours of service (HOS) regulations are designed to help ensure commercial drivers remain awake and alert. When a fatigued truck driver causes serious injuries, proving an HOS violation requires investigating the driver’s activities and collecting important evidence.
Electronic driving records, dispatch communications, receipts, GPS information, and other records can reveal how long a commercial driver had been working before the collision occurred.
The Santa Barbara truck accident lawyers at NordstrandBlack PC can review evidence to determine whether the driver complied with federal regulations. We can also investigate whether the trucking company failed to adequately monitor their drivers, or if they pressured drivers to remain behind the wheel longer than allowed by law.
Why Is Truck Driver Fatigue So Dangerous?
Truck driver fatigue is dangerous because tired drivers can experience slower reactions, reduced concentration, poor judgment, and difficulty recognizing hazards. Those problems become especially dangerous when someone is operating a large commercial vehicle.
A fatigued driver may drift from a lane, miss changing traffic signals, fail to notice stopped traffic, react too slowly to congestion, or make unsafe decisions.
The consequences can be devastating when a commercial truck collides with a passenger vehicle, pedestrian, bicyclist, or motorcyclist. Truck accident victims can suffer broken bones, brain injuries, neurological injuries, spinal injuries, internal trauma, and other catastrophic injuries.
Federal Hours of Service Rules for Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) hours of service rules limit how long commercial motor vehicle drivers may work and drive before taking required rest. These regulations are contained in Part 395 of Title 49 of the Code of Federal Regulations.
For property-carrying commercial drivers subject to these requirements, the rules include:
- 11 hour driving limit: A driver may generally drive for a maximum of 11 hours after having 10 consecutive hours off duty.
- 14 hour driving window: A driver generally may not drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off.
- 30 minute break: A driver generally must take a 30-minute break after eight cumulative hours of driving without at least a 30-minute interruption.
- 60 or 70 hour limit: Drivers generally cannot drive after being on duty for 60 hours during seven consecutive days or 70 hours during eight consecutive days, depending on the carrier’s operations.
These limitations are important because hours of service violations may provide evidence that a driver or motor carrier failed to follow federal safety requirements.
Electronic Logging Devices Can Provide Valuable Evidence
Evidence gathered from an electronic logging device (ELD) can provide important information about a commercial driver’s hours behind the wheel. Federal rules require ELDs for many commercial drivers who are required to maintain records of duty status.
Your attorney may use ELD information to examine when the driver went on duty, driving periods, breaks, off duty periods, and other activity. By comparing ELD information with driver logbooks and other records, your attorney can locate discrepancies that point to HOS violations.
Additional Records That Can Reveal HOS Violation
Driver logs are only one part of a fatigue investigation. An experienced attorney can compare multiple independent sources of evidence to reconstruct the driver’s activities.
FMCSA regulations specifically recognize several types of supporting documents that can help verify records of duty status, including itineraries and schedules, dispatch and trip records, certain expense receipts, electronic mobile communications, and payroll or settlement records.
Motor carriers generally must retain required records of duty status and supporting documents for six months. Your attorney may obtain:
- Driver logs and ELD records
- GPS and vehicle tracking information
- Dispatch instructions
- Delivery schedules
- Fuel receipts
- Toll receipts
- Bills of lading and trip records
- Inspection records
- Payroll or settlement records
- Vehicle camera footage
- Cell phone or fleet communication records when relevant
- Communications between the driver and dispatcher
- Police reports and witness statements
These records can help an attorney identify inconsistencies. A driver’s log, for example, might indicate that the driver was resting while a fuel receipt, GPS record, or dispatch communication places the driver somewhere else.
Can the Trucking Company Be Responsible for Driver Fatigue?
The trucking company may share responsibility when its own actions contribute to unsafe driving. FMCSA guidelines explain that a motor carrier must not permit or require a property carrying driver to drive after applicable hours of service limits have been reached.
An investigation may examine whether a motor carrier:
- Created unrealistic delivery schedules
- Pressured drivers to continue driving despite fatigue
- Encouraged or tolerated hours of service violations
- Ignored repeated logbook problems
- Failed to supervise drivers appropriately
- Failed to respond to known safety issues
- Used dispatch practices that encouraged unsafe driving
Dispatch records can become particularly important. Communications showing that a driver warned a dispatcher about running out of available driving hours, followed by instructions to continue, could substantially change the liability analysis.
Speak With a Trusted Santa Barbara Truck Accident Attorney
NordstrandBlack PC personal injury lawyers Renée Nordstrand-Black and Doug Black are ready to help you understand your rights and seek the compensation you deserve. Our law firm has been rated 10.0 Superb by Avvo, which is their highest rating for legal skill and ethical behavior.
Experience Makes the Difference. If you were seriously injured in a commercial truck accident, call (805) 962-2022 to schedule a free consultation today.
Frequently Asked Questions About Proving Truck Driver Fatigue
How can my attorney prove that a truck driver was fatigued when they caused my accident?
Proving fatigue often requires evidence showing how long the driver had been working and driving before the collision. A Santa Barbara fatigued truck driver accident attorney may examine electronic logging device evidence, driver logs, GPS records, dispatch communications, fuel and toll receipts, delivery schedules, witness statements, and other records to reconstruct the driver’s
Can electronic logging device evidence reveal truck driver logbook violations?
Electronic logging device evidence may reveal driving time, on duty periods, breaks, and other information relevant to compliance with federal trucking regulations. Your attorneys can compare ELD data with GPS records, receipts, dispatch records, and delivery information to identify inconsistencies or potential truck driver logbook violations.
Can a trucking company be liable for an accident that was caused by driver fatigue?
A trucking company may face liability if evidence shows that it imposed unrealistic schedules, encouraged or permitted hours of service violations, ignored known safety problems, or otherwise contributed to the driver’s unsafe conduct.