FMCSA HOS Violations & Fatigue Crashes: What Oklahoma Victims Should Know

According to a recent report, the average long-haul truck driver covers around 125,000 miles every year. With so much ground to cover, it’s no surprise that many drivers spend long stretches of time behind the wheel with only limited opportunities for breaks and rest periods. In an effort to curtail the well-documented dangers associated with fatigued drivers operating heavy machinery, the Federal Motor Carrier Safety Administration (FMCSA) established and enforces strict Hours of Service (HOS) rules for commercial truckers and their employers.

When trucking companies or drivers violate these rules and cause harm to other motorists in the process, injured parties may be within their rights to file a claim for compensation. With Oklahoma roadways experiencing over 5,000 truck accidents each year, it’s crucial for local motorists to understand how HOS violations factor into truck accident and personal injury claims. Here’s a brief overview of FMCSA’s HOS requirements and an exploration of how HOS violations can serve as the basis for a liability claim in the event of a crash.

FMCSA hours of service rules: At a glance

As part of ongoing efforts to curtail the dangers of commercial truck driver fatigue, the FMCSA enforces Hours of Service regulations that limit the number of hours a commercial driver can operate their vehicle without sufficient rest. These rules apply to drivers of both passenger-carrying and property-carrying vehicles and are universally enforced across state lines.

Some of the FMCSA HOS rules for property-carrying drivers include:

• 11-hour driving limit: Drivers may not drive for more than 11 hours during any given shift, and these hours can only be driven after 10 consecutive hours off duty.
• 14-hour on-duty limit: Drivers may not work shifts longer than 14 hours, even if they do not exceed their 11-hour driving limit during that time.
• 30-minute break requirement: Drivers must take a 30-minute rest break after 8 cumulative hours of driving.
• 60/70-hour weekly limit: Drivers may not spend more than 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days and must spend 34 consecutive hours off-duty in order to start a new 7 or 8-hour period.

The FMCSA also establishes HOS regulations pertaining to sleep schedules, adverse driving conditions, and short-haul trips to further ensure the safety of drivers and other motorists. Passenger-carrying drivers are subject to a similar set of requirements with minor differences in their on and off-duty limits. Violating any of these established limits not only increases the likelihood of fatigue-related crashes but can also open drivers and their employers up to claims of liability in the event of an accident.

The dangers of driver fatigue

Driving while fatigued is one of the leading causes of truck accidents and can be just as dangerous as driving under the influence. Tired drivers are often slower to react and may be subject to impaired judgment and concentration challenges that can affect their job performance.

No matter what kind of vehicle you drive, getting behind the wheel while fatigued is never a good or safe decision. But while roadway fatigue can pose dangers to yourself and others in any context, fatigue-related truck accidents tend to be even more catastrophic thanks to:

• The massive size and weight of commercial trucks
• The likelihood of multi-vehicle collisions and pile-up crashes
• The potential for large-scale rollover crashes
• The risk of cargo, chemical, or oil spills

While truck accidents account for only a fraction of traffic crashes in the state of Oklahoma, they lead to a disproportionately high number of injuries and fatalities that can trigger long-term consequences for victims and their families.

The role of HOS violations in personal injury claims

When motorists suffer injuries in serious truck accidents, they often find themselves struggling to balance their recovery needs with the professional, legal, and financial implications of their accident. That’s part of why so many victims choose to file personal injury claims against at-fault truck drivers or other responsible parties.

In order to do so, however, accident victims and their legal representatives must clearly demonstrate that a truck driver caused an accident by violating their legal duty of care. For example, if a truck driver exceeds their permitted driver hours and causes an accident while fatigued, the violation of HOS regulations could be a sufficient basis for a claim of negligence and, subsequently, liability.

How to prove an HOS violation caused an accident

While HOS violations can serve as valuable evidence in a personal injury claim, clearly demonstrating that an HOS violation (a) occurred and (b) directly caused an accident can pose some logistical challenges. Thanks to advances in technology, however, accident victims may be able to use digital forensics to support their claims of liability.

Most modern trucks are equipped with electronic logging devices (ELDs) that automatically track the amount of time drivers spend behind the wheel. Data from these devices can be used to support claims that a fatigued driver caused an accident by violating HOS regulations and serve as critical evidence in a personal injury claim.

However, it’s important to note that retrieving data from ELDs can prove challenging for accident victims, as ELD information is generally retained by the same trucking companies facing potential claims of liability. These companies tend to be reluctant to share data with accident victims and family members, and in some cases, ELD data could be deleted or overwritten before it can be used in a case.

An experienced Oklahoma truck accident attorney can help clients secure this footage early on in the investigation process by sending a preservation letter to the trucking company requesting that the data be secured. Reliable truck accident attorneys can also help their clients conduct a thorough investigation into all potential evidence in their case and build a comprehensive picture of the many factors that contributed to their accident and injuries.

What damages are available to victims of fatigue-related truck crashes?

Truck accidents can take a massive toll on accident victims and their loved ones. These accidents can be particularly severe due to their size and scale, and many of the injuries associated with truck crashes are catastrophic and life-changing in nature. To help address the pervasive impact of these accidents, victims often opt to pursue compensation for their accident-related damages.

Some examples of economic and non-economic damages that may be recovered in truck accident cases include:

• Emergency medical services
• Ongoing medical expenses
• Lost wages
• Reduced earning capacity
• Property damage
• Emotional distress
• Pain and suffering
• Permanent disability or disfigurement
• Wrongful death in fatal accidents

In Oklahoma, there is no cap on the amount of economic damages that can be recovered in personal injury cases, but the state legislature recently capped non-economic damages at $500,000 in most cases and $1 million in cases that result in long-term mental disability. A knowledgeable truck accident attorney can help their clients better understand the compensation available to them based on the facts of their case and help accident victims determine how much compensation to target in their fight for justice.

Final thoughts

When it comes to commercial trucking, the old adage holds true: “With great power comes great responsibility.” 18-wheelers and commercial tractor-trailers are large, powerful vehicles that must be operated responsibly to ensure the safety of the public. When a driver or trucking company fails to adhere to established safety protocols, they may find themselves facing substantial claims of liability on behalf of accident victims and their families.

If you’ve been injured in a truck crash in Oklahoma and suspect fatigue or HOS violations may have contributed to your accident, don’t wait to take the next step in your legal journey. At Cunningham & Mears, our team has 105 years of combined experience supporting accident victims in Oklahoma City and the surrounding areas in their fights for accountability. We are firmly committed to meeting our clients where they are and helping them secure the best possible outcome for their case.

Give us a call today or fill out our online contact form for a free case evaluation and to learn more about why so many Oklahomans trust Cunningham & Mears to deliver comprehensive, compassionate legal support that puts people first.