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Truck Driver Logbook & HOS (Hours of Service) Violations

The HOS Rules of the Road for CDL Drivers

Hours of service regulations exist for a simple reason: fatigue in a commercial motor vehicle is as dangerous as impaired driving. The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules that limit how long drivers can stay behind the wheel and how long they can remain on duty.

For most truck drivers in interstate commerce, the core hours of service limits and rest/break requirements include:

  • 11-hour driving limit: A commercial driver may drive up to 11 hours after 10 consecutive hours off duty.
  • 14-hour duty window: A driver may not drive beyond the 14th consecutive hour after coming on duty, even if the driver took breaks during the day.
  • 30-minute break requirement: A break of at least 30 consecutive minutes is required after 8 cumulative hours of driving.
  • Weekly driving limits: The 60/70-hour rules limit on duty time to 60 hours over seven consecutive days or 70 hours over eight consecutive days.

There is also the sleeper berth provision, which allows commercial truck drivers to split their mandatory 10-hour off-duty rest into two segments to meet Hours of Service (HOS) rules, offering flexibility by pausing the 14-hour driving window. However, per the sleeper berth rule, such drivers must be there for at least 7 hours back-to-back.

With slight differences for drivers transporting hazardous materials, these safety standards are meant to prevent driver fatigue and promote road safety. When hours of service violations occur, truck accidents become more likely, and the consequences are often catastrophic because of the size and weight of commercial trucks.

Using HOS violations as evidence in truck accident lawsuits

The Profits Over Safety Motive When Ignoring HOS Regulations

Fatigue crashes do not happen in a vacuum. They happen in a trucking industry system that rewards speed and punishes rest.

Many truck drivers are paid by the mile, not by the hour period they spend on duty. When the wheels are not turning, they are not earning. That financial pressure is one of the main causes of frequent violations of this federal law.

Trucking carriers also face commercial pressure. Tight delivery windows, penalties from shippers, and performance expectations can lead to dispatch coercion, where drivers push past strict rules and falsify logs to meet deadlines. This is where violating HOS rules becomes a business decision, not a mistake.

In Chicago, our truck accident attorneys see this pattern most clearly on highways like I-90, I-94, I-55, I-80, and I-294, where long-haul freight moves through heavy traffic conditions and delays. When the schedule slips, the temptation is to cut rest periods and pretend that the driver complies with federal HOS regulations.

Proving the Hours of Service (HOS) Violation: The Investigation Beyond the Electronic Logging Device Data

Proving hours of service violations means comparing the logbook to reality.

Today, most commercial vehicles use an electronic logging device that can automatically record driving time and create a digital record of hours of service. But ELD data does not end the investigation. When truck accident cases involve suspected fatigue, we cross-check everything.

Duty Status Logbook Versus Real Driving Time

We compare the driver’s hours of service log to outside sources that reveal what actually happened:

  • GPS pings and route history that show where the vehicle traveled and when
  • Toll records that timestamp location and movement
  • Fuel receipts and gas station timestamps that show the truck was active when the log claims off duty
  • Bills of lading and delivery scans that show unrealistic timelines
  • Phone and dispatch communications that show pressure to resume driving

This is how we prove falsified duty status entries. If the log claims sleeper berth time but the truck moved across state lines, that is not an innocent error. It is a violation of hours of service regulations.

Common HOS Violations We See After Serious Crashes

Most common HOS violations involve the same core breakdowns:

  • Driving past the 11-hour limit after 10 consecutive hours off duty
  • Driving after 14 consecutive hours on duty
  • Skipping the 30-minute break after 8 cumulative driving time
  • Exceeding weekly driving hour limits 
  • Falsifying the record of duty status to hide how many consecutive hour blocks were spent driving

These are the smoking gun service violations because they connect directly to truck driver fatigue and to why accidents happen in the first place.

How Driver Fatigue Causes Truck Accidents

Truck driver fatigue is not just feeling tired. It changes the way a person drives.

Fatigue affects reaction time, decision-making ability, coordination, and attention. When driving time stretches past safe limits, a truck driver is more likely to drift lanes, miss brake lights, misjudge closing speed, or fall asleep at the wheel.

FMCSA materials tied to the Large Truck Crash Causation Study report that fatigue was a factor in about 13% of large truck crashes. When that fatigue involves a commercial truck traveling at highway speed, the risk of severe consequences rises quickly, including catastrophic injuries and fatalities.

Liability for truck accidents when HOS violations occur

Liability and Punitive Damages

When a crash involving a fatigued commercial driver occurs, liability often extends beyond the individual behind the wheel. Both the driver and the trucking companies that created the pressure can be responsible.

Negligence Per Se and Hours of Service Violations

When a driver violates hours of service rules and causes a truck accident, the violation can support an argument that the driver broke a safety law designed to protect the public. That matters because it reframes the case around rule-breaking, not excuses.

Punitive Damages for Willful HOS Violations

If we can prove a willful pattern of violating HOS regulations, the case can move beyond ordinary damages. Punitive damages are designed to punish and deter, and they become more realistic when the evidence shows intentional falsification or repeated service violations tied to profits.

Out of Service Orders and Financial Penalties

Hours of service violations also carry enforcement consequences. Roadside inspections can trigger out-of-service orders that force drivers off the road until required rest is taken. Severe or repeated violations can also lead to serious consequences for drivers and motor carriers, including steep civil penalties and career damage through driver safety scoring systems.

For truck drivers, these violations can threaten a driving career through fines, license suspensions, and long-term employment impacts. For companies, repeat violations can raise insurance costs, damage reputation, and create exposure to larger verdicts.

We Can Use Federal Regulation Violations as Evidence in a Truck Accident Case

Fatigue is not an accident. It is a choice, and the evidence proves it.

If you were injured in a truck accident where the driver drifted lanes, failed to stop, or appeared to fall asleep, we can investigate HOS compliance records, ELD data, and the full record of duty status to uncover the truth.

Contact us to start the process. Our personal injury lawyers preserve the data, compare logs to reality, and build the claim against the responsible parties, including trucking companies that pushed unsafe schedules.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.

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