FMCSA Regulation · Hours of Service
Hours-of-Service Violations in Texas Truck Accidents
The Federal Motor Carrier Safety Administration limits how many hours a commercial truck driver can be behind the wheel in a day and a week. When a driver exceeds those limits — pushed by an unrealistic schedule, a dispatcher's pressure, or simple greed — fatigue sets in, reaction times slow, and the risk of a catastrophic crash spikes. If the truck that hit you was driven by someone who violated hours-of-service rules, that violation may be relevant to responsibility depending on causation, admissible evidence, the facts, and applicable law. Here's how HOS violations work and how to use them in your claim.
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Prepared by Texas Settlement Calculator Editorial Team · Editorial standards
What are the hours-of-service rules?
Federal regulations (49 CFR Part 395) limit most commercial drivers to 11 hours of driving after 10 consecutive hours off duty, with a 14-hour window from the start of the work shift during which driving is allowed, and a 60/70-hour limit over 7/8 days. Drivers must record their hours using an Electronic Logging Device (ELD) — a tamper-resistant device connected to the truck's engine that automatically records driving time. These rules exist because a fatigued truck driver is as dangerous as a drunk one — studies show that after 17 hours awake, impairment equals a blood alcohol concentration of 0.08%.
How HOS violations cause crashes
A driver who exceeds the 11-hour driving limit or skips the required 30-minute break is operating with diminished reaction time, impaired judgment, and a high risk of microsleeps — brief, involuntary lapses of attention that at highway speeds can cover hundreds of feet. Fatigue-related crashes are often severe because the driver makes no evasive maneuver — no braking, no swerving — before impact. Common scenarios include a rear-end collision in traffic, a lane-departure crash on a long straight highway, or a failure to slow for a construction zone. If the truck that hit you showed no sign of braking before impact, fatigue is a primary suspect.
How to prove an hours-of-service violation
ELD records may be relevant evidence when driver hours or duty status are disputed. It shows exactly when the truck was driven, for how long, and when the driver was off duty. A driver or carrier who falsified the ELD — by going 'off duty' while still driving, or by using a co-driver's log — has committed a federal violation that may be relevant to a negligence theory depending on the specific rule, facts, causation, admissible evidence, and applicable law. Retention requirements and technical availability vary by record type and system. Preservation duties and appropriate timing should be evaluated from the specific circumstances and applicable law.
Who is liable for an HOS violation
Responsibility for an hours-of-service issue depends on the evidence connecting the driver, carrier, dispatcher, broker or other party to the scheduling, conduct and collision. Any applicable insurance must be identified and verified; additional businesses do not automatically establish additional recovery.
How an HOS violation may affect a truck-accident claim
A proven hours-of-service violation may be relevant to responsibility and, in some circumstances, an exemplary-damages theory. Its legal effect depends on the particular rule, causation, admissible evidence, the surrounding conduct, and applicable Texas law; it does not automatically establish civil liability or exemplary damages. Commercial insurance terms and limits also vary and must be verified. Use our free estimator for a broad educational preliminary range based on reported claim factors.
Did a trucker break the rules?
An applicable FMCSA violation may support a negligence theory when the evidence connects it to the crash. Get a free preliminary estimate — no sign-up.
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Frequently asked questions
What are the hours-of-service limits for truck drivers?
Most commercial drivers can drive a maximum of 11 hours after 10 consecutive hours off duty, within a 14-hour work window, and are limited to 60 hours over 7 days or 70 hours over 8 days. Drivers must take a 30-minute break after 8 hours of driving. These rules are enforced through Electronic Logging Devices (ELDs) connected to the truck's engine.
How do I know if the trucker violated hours-of-service rules?
The ELD record shows exactly when the truck was driven and for how long. ELD, driver, dispatch and fuel records may have different retention requirements and technical availability; preservation needs depend on the circumstances and applicable law. If the records show the driver exceeded the legal limits, or if the logs were falsified, that may constitute a federal violation and may be relevant to a negligence theory depending on the facts and applicable law.
Can I sue the trucking company for the driver's HOS violation?
Carrier, dispatcher or broker conduct may be relevant when the evidence establishes an applicable duty, breach, causation and the legal relationship to the driver or trip. Scheduling pressure or knowledge of a violation does not by itself establish civil liability.
How much is a truck accident with an HOS violation worth?
A proven hours-of-service violation may be relevant to an individual claim, but it does not automatically establish civil liability or exemplary damages. An evaluation may consider the rule involved, causation, admissible evidence, injuries, treatment, recovery, responsibility, verified insurance, wage loss, and other case-specific facts. Use our free estimator for a broad educational preliminary range.
How much is an 18-wheeler accident settlement worth in Texas?
18-wheeler claims tend to be different from typical car accidents because of the severity of injuries and the potentially different commercial insurance arrangements involved. There is no dependable typical settlement range. An individual evaluation considers documented injuries, treatment, recovery, responsibility, commercial insurance coverage, wage loss, supporting evidence, and other case-specific facts. Use our free estimator for a broad educational preliminary range based on your treatment and coverage.
What is the minimum insurance for an 18-wheeler?
Financial-responsibility requirements and actual commercial coverage vary by operation, cargo and policy. Our estimator considers the coverage information you report, but actual policies and limits require verification.
Who is liable in an 18-wheeler accident in Texas?
Depending on the facts and applicable law, potentially responsible parties may include a driver, motor carrier, vehicle owner, cargo company, maintenance contractor, broker or product manufacturer. The evidence and verified policies determine which parties and coverage may actually apply.
How long do I have to file an 18-wheeler accident claim in Texas?
Texas personal-injury limitations commonly begin with a two-year period, but accrual, tolling, notice requirements, parties and claim type can change the analysis. Vehicle and duty-status records may have source-specific retention or availability considerations.
Is this 18-wheeler accident settlement estimator free?
Yes — completely free with no sign-up or obligation. Participating law firms pay flat-fee advertising subscriptions; consumers are not charged for using the calculator or educational resources.
This tool produces a preliminary, non-binding estimate based on the information you provide and general personal-injury valuation methods. It is not legal advice, not a guarantee of any outcome, and not a substitute for review by a licensed attorney. Actual settlements and verdicts vary widely based on evidence, jurisdiction, insurance coverage, and many other factors. Texas Settlement Calculator is not a law firm and does not practice law; use of this tool does not create an attorney-client relationship.
Related crash types
FMCSA violations often cause specific crash types. Find your accident scenario for liability guidance.