Drowsy Truck Drivers: How Hours-of-Service Violations Prove Negligence

When an 80,000-pound semi-truck collides with a passenger vehicle, the outcome is almost always devastating. Victims often suffer catastrophic injuries, lifelong disabilities, or worse.

While speeding, distracted driving, and poor maintenance all cause trucking accidents, one of the most dangerous and overlooked factors is driver fatigue.

Federal and state laws are designed to prevent exhausted truckers from getting behind the wheel. And when those rules are broken, they can become powerful evidence of negligence.

At Mainor Ellis Injury Lawyers, we know how to uncover hours-of-service violations and use them to build a strong case for the compensation you deserve.

Why Fatigue Is So Deadly Behind the Wheel

A tired driver is an impaired driver. Research shows that being awake for 17 hours straight impairs reaction time and judgment as much as having a blood alcohol concentration (BAC) of 0.05%, according to the Centers for Disease Control (CDC). After 24 hours without sleep, impairment rivals a BAC of 0.10%. That’s higher than the legal limit for alcohol in every state.

Truck drivers face unique fatigue pressures: long hours on monotonous highways, tight delivery deadlines, and employer incentives to push the limits. Even a brief lapse in attention can mean disaster when a fully loaded tractor-trailer is traveling 65 mph and needs hundreds of feet to stop.

Hours-of-Service Rules: The Law That Protects Everyone on the Road

The Federal Motor Carrier Safety Administration (FMCSA) enforces strict Hours-of-Service (HOS) regulations that dictate how long commercial truck drivers can drive and how often they must rest. These rules apply to nearly all interstate trucking operations and most intrastate carriers in Nevada. Key requirements include:

• 11-hour driving limit: Truckers may drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14-hour on-duty limit: Drivers cannot exceed 14 hours of total on-duty time (including driving and non-driving tasks) after coming on duty.
• 30-minute break: After eight consecutive hours of driving, drivers must take a break of at least 30 minutes.
• 60/70-hour weekly limit: Drivers cannot exceed 60 hours in 7 days or 70 hours in 8 days, depending on their schedule.

These federal standards are incorporated into Nevada’s trucking laws and serve as a benchmark for reasonable safety practices. When a driver or company violates them, it’s a clear sign of negligence.

How HOS Violations Help Prove Negligence in Court

A successful truck accident claim in Nevada requires proving that the driver (or trucking company) acted negligently and that their negligence caused your injuries. Hours-of-service violations are often the smoking gun.

Here’s how they strengthen your case:

1. Negligence Per Se

Under Nevada law, if a driver violates a safety regulation intended to protect the public, that violation can constitute negligence per se. In other words, the breach itself is evidence of negligence, making it easier for you to prove liability.

2. Electronic Logging Device (ELD) Data

Federal law requires most commercial vehicles to have Electronic Logging Devices (ELDs) that automatically track driving hours. A Las Vegas drowsy/fatigued truck driver accident lawyer can subpoena this data to reveal falsified logs, skipped breaks, or driving beyond legal limits.

3. Company Liability

Often, it’s not just the driver at fault. Trucking companies sometimes pressure employees to falsify logs or exceed hours to meet delivery quotas. Under the legal principle of respondeat superior, employers can be held liable for the negligence of their drivers.

4. Pattern of Violations

Repeated violations, documented by company records, maintenance logs, or prior citations, can demonstrate a pattern of recklessness. This not only bolsters a negligence claim but may support a demand for punitive damages if the conduct was particularly egregious.

Think Drowsy Driving Played a Role in Your Truck Accident? We Can Help

If you or a loved one was injured in a truck accident, don’t assume it was “just an accident.” Hours-of-service violations are common, deadly, and legally significant. At Mainor Ellis Injury Lawyers, we know how to expose them and fight for the compensation you deserve. Our lawyers will review your case, explain your rights, and start building the strongest possible claim on your behalf. Call us at 702-450-5000 to get your free case evaluation.

Source:

cdc.gov/niosh/work-hour-training-for-nurses/longhours/mod3/08.html