Hours of Service and What You Need to Know After a Truck Accident

Commercial trucks are among the largest and most dangerous vehicles on the road. When they collide with passenger cars, the results are often catastrophic, leaving victims with life-altering injuries or worse. While many factors can lead to a truck crash, one of the most common is driver fatigue caused by violations of federal Hours of Service (HOS) regulations. 

Trucking regulations in New Jersey are there to protect truck drivers and other motorists. When they are violated, they can be an integral part of your legal case. At Morelli Law Firm, our truck accident lawyers have experience uncovering regulation violations and using them to hold trucking companies and insurers accountable. 

If you’ve been injured in a truck accident that was potentially caused by an HOS violation, here’s what you need to know. 

What Are Hours of Service (HOS) Regulations?

The Hours of Service (HOS) regulations are federal rules set by the Federal Motor Carrier Safety Administration (FMCSA). They were created to limit the number of hours a commercial truck driver can operate their vehicle without rest. These rules are designed to reduce fatigue-related crashes, which are especially dangerous due to the size and weight of tractor-trailers. 

HOS Rules for Property-Carrying Commercial Drivers apply to most long-haul and regional truck drivers operating in New Jersey and nationwide. They dictate the following: 

• 11-Hour Driving Limit: a driver may drive a maximum of 11 hours after 10 consecutive hours off duty. 
• 14-Hour Rule: a driver cannot drive beyond the 14th hour after coming on duty, even if they haven’t driven for the full 11 hours. 
• 30-Minute Break Rule: after 8 hours of driving, drivers must take a 30-minute break before continuing. 
• 60/70-Hour Limit: drivers cannot drive after 60 hours in 7 days or 70 hours in 8 days, depending on the carrier’s schedule. 
• Sleeper Berth Provision: drivers can split required rest time between their sleeper berth and off-duty time under certain conditions. 

Why Are HOS Regulations So Important? 

Driving a commercial truck requires intense focus, fast reflexes, and split-second decision-making. When a truck driver is exhausted, their ability to react, process information, and safely control the vehicle is severely compromised. Studies have shown that driving while fatigued can be as dangerous as driving drunk. 

According to the National Transportation Safety Board (NTSB) and the FMCSA, driver fatigue is a factor in up to 13% of large truck crashes. This is why HOS regulations exist. They are there to force rest and protect both truck drivers and the public. 

Unfortunately, violations are all too common. Trucking companies may pressure drivers to meet unrealistic delivery schedules, leading to skipped rest breaks, falsified logs, and dangerously long hours behind the wheel. 

What Happens When Truck Drivers Violate HOS Rules? 

Whether it’s a truck driver who ignored mandated HOS regulations or a trucking company that encourages, forces, or ignores violations, doing so significantly increases the risk of an accident. These regulations exist for a very good reason, as they can help prevent: 

• Rear-end collisions caused by delayed reaction time 
• Lane departures or sideswipes due to drowsiness or falling asleep at the wheel 
• Rollovers from misjudging curves or overcorrecting while tired 
• Failure to yield or stop at intersections or red lights 

How HOS Violations Can Strengthen Your Truck Accident Lawsuit 

Even though the HOS rules are well-established, proving a violation isn’t always straightforward, especially when drivers manipulate logbooks or use outdated tracking methods. If you’re injured in a truck accident and believe the driver was fatigued or overworked, proving a violation of the Hours of Service rules can be a key factor in establishing liability. 

At Morelli Law Firm, our experienced attorneys can help you build a strong case by:

1. Proving Negligence

Violating HOS rules is a form of negligence per se, meaning the act itself is considered legally negligent because it violates a safety regulation. If the violation contributed to the crash, the truck driver (and possibly their employer) can be held liable.

2. Gathering Logbook and ELD Evidence

Commercial drivers are required to maintain detailed logbooks. Most now use Electronic Logging Devices (ELDs) to automatically record driving time. These records can show whether a driver exceeded their hours, failed to take required breaks, or manipulated entries.

3. Uncovering Company-Wide Violations

Trucking companies that routinely ignore or encourage HOS violations can also be held liable. An attorney can subpoena internal communications, driver schedules, and delivery timelines to prove the company prioritized profit over public safety.

4. Establishing Causation

Medical records, expert testimony, and accident reconstruction can help show how driver fatigue played a direct role in the crash and strengthen your claim for full compensation. 

Trucking Regulations Can Impact Your Case 

In addition to HOS rules, truck drivers and carriers must comply with a wide range of FMCSA and state-level safety regulations, including: 

• Vehicle inspection and maintenance requirements 
• Weight limits and load securement 
• Licensing and drug/alcohol testing 
• Route restrictions in urban areas like Newark or Jersey City 

Any violations of these regulations can be used as evidence in your injury lawsuit. For example, if a fatigued driver was also operating a poorly maintained vehicle or carrying an overweight load, it further supports your case for negligence. 

Why You Should Act Quickly After a Truck Accident 

Truck accident cases are complex and evidence can disappear quickly. Black box data, electronic logs, and maintenance records may be altered or lost if not preserved right away. That’s why you should contact a qualified attorney as soon as possible. 

In New Jersey, the statute of limitations for personal injury cases is generally two years, but trucking cases often involve federal agencies, corporate defendants, and urgent preservation of evidence. The sooner you act, the better your chances of success. 

Injured in a Truck Accident? Let Morelli Law Firm Help. 

If you or a loved one has been seriously injured in a truck accident in New Jersey, and you suspect driver fatigue or HOS violations played a role, you don’t have to face the legal system alone. At Morelli Law Firm, we have the resources, experience, and determination to investigate complex trucking cases and fight for the compensation you deserve. Contact us today for a free case evaluation.