When a heavy commercial truck barrels down a snowy, icy mountain highway — where steep grades, tight curves, and unpredictable weather meet — good safety rules become even more critical for preventing truck accidents. That’s why the Federal Motor Carrier Safety Administration (FMCSA)’s Hours-of-Service (HOS) regulations exist: to limit driver fatigue so that truckers remain alert enough to respond to rapidly shifting conditions.
But the pressure of tight deadlines, long-haul schedules, and industry demands often pushes drivers — and companies — to bend or break those rules. On a slick winter mountain pass, one tired or inattentive driver can turn a routine haul into a catastrophic truck accident. When that happens, lives are changed forever — and liability may extend beyond just the driver.
Hours-of-Service violations are more common than many realize — and in harsh winter conditions, they become more dangerous for all drivers on the road.
You can learn more in our article, What Every Truck Accident Victim in Colorado and Wyoming Should Know.
What Are Hours-of-Service Rules?
HOS regulations establish the maximum number of hours a commercial driver can drive or work before taking mandated breaks. A few key limits include:
- 11-hour driving limit after at least 10 consecutive off-duty hours
- 14-hour “driving window,” after which no more driving is allowed
- 30-minute break requirement after 8 cumulative hours of driving
- 60/70-hour weekly limits, depending on the type of carrier
- 34-hour restart rules to reset weekly driving clocks
These rules aren’t arbitrary. They’re based on years of truck crash data showing that fatigue affects reaction time, judgment, and decision-making in ways similar to alcohol.
How Fatigue Turns a Truck Into a Deadly Weapon
Fatigue is one of the most dangerous conditions a truck driver can experience, and it’s far more widespread than official numbers suggest. According to FMCSA studies, fatigue is a factor in 13% of commercial vehicle crashes, but that number is likely an undercount, because fatigue is notoriously hard to document after the fact.
Fatigue leads to:
- Slower reaction times
- “Microsleeps,” or periods of sleep lasting 1–10 seconds
- Poor decision-making
- Lane drifting or crossing center lines
- Increased risk of rear-end collisions
- Reduced ability to assess traffic and road hazards
When a fatigued driver is operating a vehicle that weighs 30 times more than a typical passenger car, the margin for error disappears.
Why HOS Violations Happen: The Pressure Behind the Wheel
Truck drivers are often placed in impossible situations. They want to do their jobs well. They want to get loads delivered on time. But the industry structure frequently pushes them to bend or break safety rules.
1. Unrealistic Delivery Deadlines
Shippers and carriers sometimes over-promise delivery times to stay competitive. Drivers are left to make up the difference on the road.
2. Pay-by-the-Mile Compensation
Drivers who are only paid for driving time—not waiting time, loading, or paperwork—feel financial pressure to push past their limits.
3. Dispatch Pressure
Dispatchers sometimes urge drivers to keep going, even when the driver knows they need rest.
4. Company Culture
Some trucking companies emphasize “on-time delivery at all costs,” sending a message that safety is optional.
5. Logbook Falsification or ELD Manipulation
Even with the nationwide rollout of electronic logging devices (ELDs), HOS cheating still happens through:
- Edits or gaps in logs
- Unassigned driving time
- Personal conveyance misuse
- Device tampering
How We Prove HOS Violations After a Truck Accident
HOS violations can be a critical component of a semi-truck accident claim because they point directly to negligence and, in some cases, punitive damages. But proving them requires fast action and a detailed investigation.
At Shafner Injury Law, we examine:
1. Electronic Logging Device (ELD) Data
ELDs automatically record driving time, but they aren’t foolproof. We analyze:
- Missing data points
- Suspicious edits
- Irregular duty-status changes
- GPS anomalies
- Sudden truck power interruptions
An ELD “irregularity” can be the smoking gun that makes a difference for your claim.
2. Cell Phone Records
Cell tower pings can show whether the truck was in motion during times the driver claimed to be off-duty.
3. Fuel and Toll Records
These timestamps often reveal the truck was hundreds of miles away from where the logbook says it should’ve been.
4. Bills of Lading and Receipts
Pickup and delivery documentation can contradict false logs.
5. Dispatch Communications
Text messages, satellite tracking, and voice instructions often pressure drivers to keep driving or violate speed rules.
6. Surveillance & Dashcam Footage
Footage from weigh stations, rest stops, or nearby businesses can fill in gaps in the timeline.
7. Expert Analysis
We work with trucking-industry experts who can interpret log patterns and identify violations that might otherwise look normal.
If you’re interested in what makes up the chain of responsibility in these cases, check out our article, Who Is Liable in a Truck Accident?
Why HOS Violations Matter for Your Claim
HOS violations aren’t just technicalities. They make it easier to prove negligence and can significantly increase the amount of your claim by:
1. Demonstrating Clear Breach of Duty
Violating a federal safety rule creates a powerful argument that the driver, and possibly the company, failed to act responsibly.
2. Opening the Door to Company Liability
Was the violation encouraged, ignored, or covered up? If so, the trucking company may be liable for:
- Negligent supervision
- Negligent hiring
- Failure to monitor logs
- Safety-culture violations
3. Supporing Potential Punitive Damages
If a company knowingly pushes drivers to violate federal rules, a jury may award punitive damages to deter future misconduct.
4. Affecting Settlement Leverage
When strong evidence shows the company broke the law, insurers often become more willing to negotiate.
Real-World Impact: What Fatigue Looks Like on the Road
Fatigue-related 18-wheeler crashes tend to be severe because drivers often don’t brake or react before impact. Common truck crash patterns include:
- High-speed rear-end collisions
- Crossing the center line or shoulder
- Jackknife events
- Rollover crashes
- Multi-vehicle pileups
These kinds of collisions frequently lead to life-altering injuries.
Signs a Truck Driver May Have Violated HOS Rules
After a crash, you may not know right away if fatigue or rule violations were involved, but signs often include:
- The driver seems confused, dazed, or extremely tired
- They mention “running late” or being “behind schedule”
- Their logbook contains gaps or contradictions
- Their story changes when asked about stops or breaks
- Damage patterns suggest no braking
- The truck shows signs of overuse (e.g., worn brakes, hot tires)
Even a single discrepancy in logs can be enough to open a deeper investigation.
What to Do If You Suspect Fatigue or HOS Violations
If you’ve been hit by a truck, it’s crucial to act quickly:
- Seek medical care immediately
- Report every symptom, even if it seems minor
- Don’t speak to trucking insurance adjusters without legal help
- Save any evidence, including photos, dashcam footage, or eyewitness contact information
- Call a truck accident attorney as soon as possible to secure the logs and electronic data before they can be overwritten
For more tips, visit our guide, 7 Critical Mistakes to Avoid After a Truck Accident.
How Shafner Injury Law Attorneys Help After a Truck Accident
These cases move fast because trucking companies often deploy rapid-response teams to protect themselves. We act just as quickly on your behalf. Our team:
- Secures ELD and GPS data before it’s erased
- Investigates driver history and company safety practices
- Works with fatigue experts and accident reconstructionists
- Identifies every source of liability and insurance coverage
- Builds your case for full compensation
We’ve represented clients in complex truck accident cases across Colorado and Wyoming, and we understand the challenges and pressure injured people and their families face.
You deserve someone who will stand up to the trucking company and fight for you.
Ready to Talk?
We’re Here to Listen and Help
If you suspect a truck driver fell asleep at the wheel or violated hours-of-service rules, you don’t have to navigate the aftermath alone. We’ll fight hard for your rights and maximize your recovery.
Shafner Injury Law offers compassionate, experienced representation—and we’re ready to help you take the next step.
Contact us today for your free consultation:
info@shafnerlaw.com
303-796-0555