Hours of Service Regulations
Hours of service (HOS) rules prevent fatigued driving:
11-Hour Driving Limit: Maximum driving after 10 hours off-duty
14-Hour Limit: Cannot drive beyond 14 hours after coming on duty
30-Minute Break: Required after 8 cumulative driving hours
60/70-Hour Limit: Weekly driving caps
Sleeper Berth: Split sleeper options for team drivers
34-Hour Restart: Resets weekly hours after 34 consecutive hours off
Electronic Logging Devices (ELDs) are required to track compliance. Violations establish negligence per se and can support punitive damage claims.
11-Hour Driving Limit: Maximum driving after 10 hours off-duty
14-Hour Limit: Cannot drive beyond 14 hours after coming on duty
30-Minute Break: Required after 8 cumulative driving hours
60/70-Hour Limit: Weekly driving caps
Sleeper Berth: Split sleeper options for team drivers
34-Hour Restart: Resets weekly hours after 34 consecutive hours off
Electronic Logging Devices (ELDs) are required to track compliance. Violations establish negligence per se and can support punitive damage claims.
Driver Qualification Requirements
FMCSA mandates strict driver qualification standards:
Licensing: Valid Commercial Driver's License (CDL) with proper endorsements
Age: Minimum 21 for interstate commerce
Medical Certification: DOT physical every 24 months (or more frequently for certain conditions)
Driving Record: No serious violations, DUI convictions, or pattern of unsafe driving
Drug/Alcohol Testing: Pre-employment, random, post-accident, and reasonable suspicion testing
Trucking companies must maintain Driver Qualification Files documenting compliance. Failure to properly screen drivers establishes negligent hiring.
Licensing: Valid Commercial Driver's License (CDL) with proper endorsements
Age: Minimum 21 for interstate commerce
Medical Certification: DOT physical every 24 months (or more frequently for certain conditions)
Driving Record: No serious violations, DUI convictions, or pattern of unsafe driving
Drug/Alcohol Testing: Pre-employment, random, post-accident, and reasonable suspicion testing
Trucking companies must maintain Driver Qualification Files documenting compliance. Failure to properly screen drivers establishes negligent hiring.
Vehicle Maintenance Requirements
Regulations require systematic vehicle maintenance:
Pre-Trip Inspections: Drivers must inspect vehicles before each trip
Post-Trip Reports: Document any defects discovered during operation
Periodic Inspections: Annual comprehensive inspections by qualified mechanics
Repair Documentation: Records of all maintenance and repairs
Out-of-Service Criteria: Standards for when vehicles cannot be operated
Maintenance records prove whether trucking companies took safety seriously. Missing or falsified records suggest negligent maintenance practices.
Pre-Trip Inspections: Drivers must inspect vehicles before each trip
Post-Trip Reports: Document any defects discovered during operation
Periodic Inspections: Annual comprehensive inspections by qualified mechanics
Repair Documentation: Records of all maintenance and repairs
Out-of-Service Criteria: Standards for when vehicles cannot be operated
Maintenance records prove whether trucking companies took safety seriously. Missing or falsified records suggest negligent maintenance practices.
Using Regulations in Your Case
FMCSA violations strengthen truck accident cases in several ways:
Negligence Per Se: Regulatory violations may establish negligence as a matter of law, eliminating the need to prove what a reasonable person would do.
Evidence of Recklessness: Pattern violations or knowing disregard of rules can support punitive damages.
Company Liability: Violations often trace back to company policies, establishing direct corporate liability beyond vicarious liability.
Expert Testimony: Trucking industry experts can explain how violations caused or contributed to accidents.
Our attorneys are deeply familiar with FMCSA regulations and use them strategically to build the strongest possible cases for our clients.
Negligence Per Se: Regulatory violations may establish negligence as a matter of law, eliminating the need to prove what a reasonable person would do.
Evidence of Recklessness: Pattern violations or knowing disregard of rules can support punitive damages.
Company Liability: Violations often trace back to company policies, establishing direct corporate liability beyond vicarious liability.
Expert Testimony: Trucking industry experts can explain how violations caused or contributed to accidents.
Our attorneys are deeply familiar with FMCSA regulations and use them strategically to build the strongest possible cases for our clients.