Hours of service (HOS) requirements dictate how long commercial truckers can be on duty without taking breaks, and how long they must rest in between shifts.
Truckers solely operating intrastate only have to follow Texas’ state HOS rules, while motor carriers traveling across state lines must also know and follow federal HOS rules, which differ. Regardless, commercial truckers must use electronic logging devices (ELDs) to track their working hours to ensure they comply with the appropriate HOS rules. ELD these rules for any reason is risky, as it increases the chance of commercial truckers becoming drowsy or falling asleep at the wheel. After such accidents, our lawyers would likely obtain ELD information about the trucker and their employer, as well as other evidence that could indicate HOS violations and drowsy driving.
For a confidential and free case assessment from our Dallas truck accident lawyers, call The Queenan Law Firm at (817) 476-1797.
What Are the Hours of Service Requirements for Texas Truck Drivers?
The hours of service requirements for commercial motor carriers in Texas exist to help ensure safety and avoid instances of fatigue-related accidents. State and federal HOS rules differ, and drivers might have to comply with both when crossing state lines.
Overall, intrastate truckers in Texas can be on duty for up to 70 hours over a consecutive seven-day period. After these 70 hours, drivers must take 34 consecutive hours off duty. Furthermore, drivers must take eight consecutive hours off between 12-hour days spent driving or 15 hours spent generally on duty.
There are much more intricate rules that allow for more flexibility for drivers and motor carriers but could have serious consequences for passenger car drivers. For example, the sleeper berth provision lets drivers meet their mandatory 8-hour off-duty requirement in different ways. They may reach their mandatory off-duty hours by resting in the sleeper berth in the vehicle and otherwise not driving. They may also reach their mandatory hours by taking two rest periods of at least two hours in between driving periods. This could lead to insufficient rest and truckers operating their vehicles while still very fatigued.
Federal HOS rules for interstate commercial truckers differ, and it’s their responsibility to ensure they are in compliance with both sets of rules when crossing state lines.
In Texas, commercial truckers must use electronic logging devices to track hours of service and compliance with rules. If they violate HOS regulations, they should be put out of service for eight hours to ensure they are not fatigued before getting behind the wheel.
Generally speaking, commercial trucking companies must keep ELD information for up to six months and make it available to the Federal Motor Carrier Safety Administration upon request.
What Could Happen if Truck Drivers Violate Hours of Service Requirements in Texas?
Drivers who violate HOS requirements may become seriously fatigued and even fall asleep behind the wheel, causing devastating and possibly fatal accidents in Texas.
Mandatory rest periods help ensure drivers are alert while operating massive semi trucks and other large vehicles. Without these rules, commercial trucking companies might encourage truckers to work too many consecutive hours, massively increasing the danger to passenger cars sharing the road.
Though HOS regulations exist in Texas, some truckers might violate them to make a deadline or get overtime pay. When this happens, the chance of drowsy driving increases, which is very dangerous. Trucks typically operate on highways, meaning they are generally moving fast. Falling asleep at the wheel could lead to a momentary drift into another lane. A sideswipe accident involving a smaller car could be disastrous at high speeds. Commercial trucks that drift into oncoming traffic might cause fatal head-on accidents. Truckers attempting to avoid collisions might see their vehicles topple over, creating a huge hazard for other cars also traveling at fast speeds.
Being tired reduces one’s judgement and reaction time, lowering their ability to make quick decisions, slow down when necessary, or avoid possible hazards in the road. Many truckers already operate at night, when visibility might be low and greater awareness and care are necessary.
Filing Truck Accidents Lawsuits for Hours of Service Requirement Violations in Texas
When injured during truck accidents due to drowsy driving from HOS violations, victims may respond by filing lawsuits against liable parties. Our attorneys can facilitate this, helping you navigate the compensation claim.
Because truckers and motor carriers in Texas must keep ELD information for up to six months, our lawyers will immediately seek to obtain this data. This can show an individual driver’s history of hours of service violations, as well as the company’s history. Failure to address repeated HOS violations or having a pattern of encouraging drivers to violate hours of service regulations could help strengthen your case substantially.
The drowsy driver who caused your accident and their employer may be liable for your damages. In addition to ELD data, our Arlington personal injury lawyers may use eyewitness statements, crash reconstruction expert testimony, and physical evidence from the scene to prove this. We will also get any reports from law enforcement concerning the accident, as that may give us more insight into its cause.
To successfully recover damages from your HOS violation truck accident lawsuit, you must file it within two years in Texas, according to Tex. Civ. Prac. & Rem. Code § 16.003. The clock begins to count down on the date of injury, so don’t wait any longer than necessary to contact our attorneys about your case. Starting to track losses immediately is crucial, or records might quickly become disorganized. This could leave victims under the impression that their damages are lower than reality, leading them to sign an unfair out-of-court settlement.
Call Our Attorneys in Texas to Discuss Your Case for Free
For a case evaluation from our Arlington truck accident lawyers, call The Queenan Law Firm at (817) 476-1797.