How Many Hours Can Truck Drivers Spend Behind the Wheel?

The federal hours-of-service (HOS) regulations limit the number of hours commercial truck drivers can spend behind the wheel. Unfortunately, violations of these regulations are not uncommon. Regardless of how long a commercial driver has been behind the wheel, if fatigue plays a role in a commercial truck accident, this can provide clear grounds for the victim (or the victim’s family members) to pursue a claim for damages in Florida.

Driver fatigue is a common factor in commercial truck accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue contributes to 13 percent of all commercial truck accidents in the United States. As a result, when investigating a serious or fatal collision, an experienced Florida truck accident lawyer will seek to gather the evidence needed to determine whether fatigue was to blame.

This is true despite strict limits on the number of hours commercial truck drivers can spend behind the wheel. These limits are established by the FMCSA’s hours-of-service (HOS) regulations. Unfortunately, HOS violations are common—and these violations have devastating consequences far too often.

The Federal Hours of Service (HOS) Regulations for Commercial Truck Drivers

The federal hours-of-service (HOS) regulations are designed to help prevent commercial truck accidents caused by driver fatigue. The FMCSA has established different rules for property-carrying and passenger-carrying drivers, and the HOS regulations include exceptions that apply in certain specific circumstances. Here is an overview of the basic rules that apply to property-carrying drivers (i.e., drivers of 18-wheelers and other large commercial trucks):

11-Hour Driving Limit

Commercial truckers may drive no more than 11 hours after 10 consecutive hours off duty.

14-Hour Driving Limit

Commercial truckers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.

60/70-Hour Driving Limit

Commercial truckers may not drive more than 60 hours in seven consecutive days or more than 70 hours in eight consecutive days.

30-Minute Break Rule

Commercial truck drivers must take a 30-minute break after driving for 8 cumulative hours without at least one 30-minute interruption.

Adverse Driving Conditions Exception

In adverse driving conditions, commercial truckers may extend the 11-hour and 14-hour limits by up to 2 hours each.

Short-Haul Exception

Commercial truckers are exempt from the basic HOS restrictions if they drive within a 150-mile radius of a single reporting location and do not exceed a maximum duty period of 14 hours.

Again, these are just the basic rules for property-carrying drivers. There are special provisions that apply to commercial trucks with sleeper berths and to other specific circumstances as well. A Florida truck accident lawyer who has experience in cases involving HOS violations will be able to determine if a violation was involved in your (or your loved one’s) accident.

Proving an HOS Violation is Not Required to File a Claim Based on Truck Driver Fatigue

Importantly, however, proving an HOS violation is not required to file a claim based on truck driver fatigue. While proving an HOS violation can help streamline the process of asserting your legal rights, fatigue without an HOS violation can still serve as grounds for liability. Even if a truck driver has not exceeded the federal limitations on hours of service, the driver could still be fatigued due to:

• Driving for multiple hours without a rest break
• Driving late at night or early in the morning
• Driving with limited sleep
• Taking medications that cause drowsiness
• Consuming alcohol before driving

Fatigued driving is negligent driving, and this means that fatigued truck drivers can (and should) be held accountable when they cause serious and fatal accidents. Practically speaking, however, seeking just compensation for a serious or fatal truck accident usually involves filing a claim against the truck driver’s employer. Trucking companies, retailers, and other businesses that employ truck drivers typically carry commercial liability insurance that covers their drivers’ accidents, so seeking just compensation often means dealing with the insurance companies.

Proving that Fatigue Played a Role in a Commercial Truck Accident

How do you prove that fatigue played a role in a commercial truck accident? The short answer is, “It depends.” Different types of evidence will be available in different cases, and determining what evidence is available in your (or your family’s) case will require a prompt and thorough investigation. This is one of several reasons it is important to promptly hire an experienced Florida truck accident lawyer.

FAQs: Commercial Truck Accident Claims Involving Driver Fatigue in Florida

Can trucking companies be held liable when their drivers fall asleep behind the wheel?

Trucking companies can typically be held liable when their drivers fall asleep behind the wheel. As a general rule, trucking companies are vicariously liable for their employees’ negligence on the job, and trucking companies can also be held directly liable for forcing or allowing their employees to spend too many hours driving.  

What types of evidence can be used to prove truck driver fatigue?

Video footage, “black box” data, the truck driver’s own statements, and other evidence can be used to prove truck driver fatigue. With that said, the evidence available in any particular case will depend on the specific circumstances.

What if it isn’t possible to prove the truck driver was fatigued?

If for some reason it isn’t possible to prove that the truck driver was fatigued, it may still be possible to pursue a claim for damages on other grounds. For example, regardless of whether a truck driver was fatigued, if the driver rear-ended another vehicle or made another mistake that resulted in a serious or fatal collision, this alone could constitute grounds for liability.

Discuss Your Legal Rights with an Experienced Florida Truck Accident Lawyer for Free

If you need more information about your legal rights after a serious or fatal commercial truck accident in Florida, we encourage you to contact us promptly. Call 800-780-8607 or contact us online to arrange a free consultation with an experienced Florida truck accident lawyer at Searcy Denney.