Trucking is one of the most heavily regulated industries in the United States. While the industry plays a vital role in supporting the economy and connecting cities, it also poses safety challenges for road users and liability issues for stakeholders. A truck accident can have catastrophic consequences for the victims, especially those in smaller vehicles, pedestrians and cyclists. Many of the truck accidents are caused by truck driver negligence.
To ensure that the risks associated with truck driving are minimized, federal and state governments have implemented Hours of Service (HOS) regulations. These regulations are designed to combat driver fatigue, one of the leading causes of truck-related accidents. If you have been involved in a truck accident, the HOS regulations could come into play. Please contact us to have your case reviewed by one of our experienced truck accident attorneys.
Overview of Federal HOS Regulations
The federal HOS regulations have been established to minimize the risk of accidents caused by truck driver fatigue. These rules limit how long a truck driver can work without rest. These rules are enforced by the Federal Motor Carrier Safety Administration (FMCSA).
The federal HOS regulations include a list of rules. A key component of the regulations is that truckers don’t drive more than 11 hours after 10 consecutive hours off duty. This rule is designed to give drivers sufficient downtime to recuperate before taking on long hours behind the wheel.
Another important guideline within the federal HOS regulations is the limitation of a 14-hour workday. This rule ensures that all driving and work-related activities must occur within a strict 14-hour period after the driver begins their shift. Even if some of this time is spent on non-driving duties such as loading or unloading, the workday cannot be extended beyond these 14 hours.
Additionally, drivers are required to take a mandatory 30-minute rest break after driving for eight consecutive hours. This break acts as a critical pause, allowing drivers to refresh and regain focus before continuing their journey. A truck’s sleeper berth can be used to split required rest periods under certain conditions.
Property-carrying drivers must follow different HOS limits than those carrying passengers. In addition, Passenger-carrying drivers are subject to stricter on-duty hour restrictions.
There are several other rules as part of federal HOS regulations. If you need guidance on which HOS regulation applies to your case, contact Angel Reyes & Associates.
Texas-Specific HOS Regulations and Exemptions
Federal and Texas-specific hours of service rules share the common goal of enhancing safety by combating driver fatigue, however, there could be some key differences or exemptions. The Texas HOS regulations are generally more lenient compared to federal regulations.
For example, Texas HOS regulations allow for 12 hours maximum driving after eight hours off duty. Similarly, the on-duty limit for Texas is to have no driving after 15 hours on duty. Both these regulations allow for an extra hour compared to federal regulations.
Texas makes exceptions for certain situations, like agricultural hauling during planting and harvest times, or emergency response efforts. These exceptions offer flexibility for urgent and time-sensitive jobs. In contrast, federal HOS regulations stick to stricter rules and don’t include these kinds of seasonal or emergency-based allowances.
Additionally, Texas allows exemptions for vehicles used in oilfield operations. Drivers transporting equipment or materials to and from oilfield sites may have different rules regarding on-duty time and rest periods. Another notable exception is that Texas truck drivers operating within a 150-air-mile radius of their normal work reporting location are typically exempt from maintaining detailed logs.
The overlap between federal and Texas-specific HOS regulations can often create confusion for victims of accidents, drivers, and trucking companies. Factors such as whether a driver is engaged in interstate or intrastate transport play a key role in such cases. This is where our law firm can help you navigate these complexities. Our legal team is well-versed in federal and state HOS regulations and can help you navigate the legal matters related to these Texas regulations.
Consequences of Violating HOS Regulations in Texas
Those found in violation of hours of service regulations, whether federal or state, face penalties that can impact both individual drivers and trucking companies.
If truck drivers violate the regulations, they may face fines, suspension of their commercial driver’s license (CDL), loss of employment, and issues in future employment prospects in the trucking industry. Repeat offenders face even harsher penalties, including permanent disqualification from operating a commercial vehicle.
The trucking companies also face severe penalties for not complying with HOS regulations. Not only are trucking companies required to ensure that their drivers adhere to the prescribed limits on driving hours, but they’re also obligated to monitor and maintain accurate records of compliance.
The fines for HOS violations vary, with fines ranging from hundreds to thousands of dollars, depending on the severity. Egregious offenses under federal rules may incur even higher fines if the violation leads to an accident with serious injuries or fatality.
Texas drivers found to be in violation may be ordered off duty immediately. The driver cannot legally drive again until the required off-duty time has been completed. If the driver is found driving while off-duty, it’s a serious offense and is considered a criminal misdemeanor under Texas law, and may lead to arrest, federal charges, or disqualification from driving commercially.
If a trucking company is found to be at fault for an HOS violation in a case involving a fatality or serious injury, the consequences can be severe. The company may face legal and financial liability for its negligence, especially if it’s proven that the violation directly contributed to the accident.
Victims or their families can file lawsuits seeking compensation for medical expenses, lost wages, pain and suffering, and wrongful death. Additionally, the company’s reputation may suffer irreparable harm, leading to loss of clients and contracts. You can contact us to learn more about how many hours a truck driver can drive in Texas.
Why Are Penalties So Strict for HOS Regulations?
Yes, penalties for violation of Texas HOS rules are strict, and there are good reasons for that. Texas has dangerous roads, and having a fatigued truck driver would just make it worse. The HOS regulations are designed to protect all road users, including the truck driver.
Several studies have shown that driver fatigue is a common factor in truck accidents. We also know that as a business, trucking companies want to reduce their costs, and they might push drivers beyond their limits. Tired drivers can experience slower reaction times, difficulty concentrating, and even falling asleep behind the wheel. Compliance ensures that drivers have the rest they need to perform at their best and avoid such risks.
The penalties are also kept strict to ensure the integrity of the trucking industry. You don’t want a situation where customers don’t trust the trucking companies, as the economy relies on trucking companies delivering goods on time, and also to operate in a manner that reflects responsibility and professionalism.
If the penalties aren’t strict and the violators aren’t held accountable for their actions, it can lead to erosion of customer trust and economic downturn. The HOS regulations play a small, yet important part in ensuring a safer and more dependable industry for everyone.
Legal Options for Victims of Accidents Due to HOS Violations
Being involved in a truck accident due to an HOS violation can be frustrating, traumatic, and stressful. A HOS violation is a preventable issue, and facing the consequences of someone else’s negligence can feel overwhelming. If you find yourself in such a situation, you should know that you have the legal option to seek justice and recover compensation for your damages.
One of the most commonly taken legal routes is to file a personal injury lawsuit against the at-fault party or parties. In some cases, more than one party could be liable for the accident. In some cases, the liability in a truck accident can be difficult to establish, especially if multiple parties are involved.
You can also choose to file an insurance claim if the accident was covered under an insurance policy. If the accident resulted in a fatality, you can file a wrongful death claim. Each option provides a pathway for victims to secure justice and compensation, depending on the circumstances of the accident.
You can consult with an attorney to determine the most suitable legal options based on the specifics of your case. If you want to get full and fair compensation for an accident caused by a HOS violation, you’re going to need solid evidence, and some of that might be challenging to obtain.
For example, obtaining electronic logging device (ELD) records, maintenance logs, or internal company communications that prove negligence may require legal expertise. You could face other challenges, especially if you have to go up against trucking companies or insurance providers.
Consult with an Experienced Truck Accident Attorney at Angel Reyes & Associates
At Angel Reyes & Associates, we understand how challenging it can be to deal with the aftermath of a truck accident caused by HOS violations. The physical, emotional, and financial toll can feel overwhelming, especially when navigating complex legal processes.
Our team has extensive experience handling these cases, and we fight for the justice and compensation you deserve. To get started with the legal process, call us to schedule your free consultation with our 18-wheeler accident lawyer.
