When you’re sharing the road with massive commercial trucks, you place your trust in the drivers operating these vehicles to follow safety regulations designed to protect everyone on the road. Unfortunately, when truck drivers or trucking companies violate federal Hours of Service (HOS) regulations, the consequences can be devastating.
If you’ve been injured in a truck accident in North Carolina, understanding these violations and how they might impact your case could make the difference in getting the compensation you deserve.
What Are Hours of Service Regulations?
Hours of Service regulations are federal rules established by the Federal Motor Carrier Safety Administration (FMCSA) that limit how long commercial truck drivers can operate their vehicles without taking mandatory rest breaks. These regulations exist for one important reason: preventing accidents caused by driver fatigue.
The current HOS regulations include several key requirements:
- Daily Driving Limits: Truck drivers cannot drive more than 11 hours after taking 10 consecutive hours off duty. This means once a driver has been driving for 11 hours, they must take a mandatory 10-hour break before getting behind the wheel again.
- 14-Hour Rule: Drivers cannot drive beyond the 14th consecutive hour after coming on duty, regardless of how much actual driving time they’ve accumulated. This rule prevents drivers from extending their workday indefinitely by taking short breaks.
- Weekly Limits: Drivers cannot drive after being on duty for 70 hours in an 8-day period or 60 hours in a 7-day period, depending on their schedule. Once these limits are reached, drivers must take a 34-hour restart period.
- 30-Minute Break Rule: Drivers must take a 30-minute break within the first 8 hours of their shift before continuing to drive.
What Are Some Common Hours of Service Violations?
Despite these clear regulations, HOS violations remain alarmingly common in the trucking industry. Some of the most frequent violations include:
- Falsifying Logbooks: Traditionally, truck drivers maintained paper logbooks to record their driving hours. Many drivers would keep dual logbooks—one accurate record for their own reference and a falsified version to show inspectors. While electronic logging devices (ELDs) have reduced this practice, violations still occur.
- Driving Beyond Legal Limits: Some drivers continue operating their vehicles even after reaching their maximum allowable driving hours, often due to pressure from employers to meet delivery deadlines or financial incentives tied to quick deliveries.
- Inadequate Rest Periods: Drivers may take shorter rest breaks than required or fail to take the mandatory 30-minute break within their first 8 hours of driving.
- ELD Manipulation: While electronic logging devices were designed to prevent HOS violations, some drivers and companies have found ways to manipulate these systems or use exemptions inappropriately.
Why Do These Violations Occur?
Understanding why HOS violations happen can help illustrate the negligence involved when these accidents occur. Several factors contribute to these dangerous practices. The trucking industry often operates on tight margins and demanding schedules, creating economic pressure that leads drivers to face pressure from employers to deliver loads quickly. This pressure sometimes creates the temptation to violate HOS rules to meet unrealistic deadlines that prioritize profits over safety.
The pay structure in the trucking industry also contributes to violations. Many truck drivers are paid by the mile or by the load rather than by the hour, which can incentivize drivers to drive longer hours to maximize their income. When drivers’ paychecks depend on covering more miles rather than following safety regulations, the financial motivation to violate HOS rules becomes apparent.
Enforcement of these regulations can also be inconsistent, leading some drivers and companies to believe they can violate HOS rules without facing meaningful consequences. While regulations exist on paper, the reality of enforcement may not always deter violations effectively.
Additionally, some trucking companies fail to properly plan routes and schedules, putting drivers in situations where following HOS regulations becomes difficult or impossible. When companies create unrealistic delivery expectations without considering mandatory rest periods, they essentially force drivers to choose between following the law and keeping their jobs.
What Evidence Is Important In HOS Violation Cases?
Building a strong case involving HOS violations requires gathering specific types of evidence, often before the trucking company has a chance to destroy or alter records. Important evidence includes:
- Electronic Logging Device Data: ELD records provide detailed information about the driver’s hours and activities leading up to the accident.
- Logbooks: Both electronic and paper logbooks can reveal patterns of violations and attempts to conceal non-compliance.
- Employment Records: The driver’s employment history, training records, and any disciplinary actions related to HOS violations can be relevant.
- Company Policies: Internal company communications, policies, and practices regarding scheduling and HOS compliance can reveal whether the company encouraged violations.
- Dispatch Records: Communications between dispatchers and drivers can show whether the company pressured drivers to violate regulations.
- Vehicle Maintenance Records: Poor vehicle maintenance combined with HOS violations can indicate a pattern of safety neglect.
North Carolina’s Contributory Negligence Rule
It’s important to understand that North Carolina follows a contributory negligence rule, which means that if you’re found to be even 1% at fault for the accident, you may be barred from recovering compensation.
However, when dealing with HOS violations, the truck driver’s clear violation of federal safety regulations often makes it difficult for the defense to argue that you contributed to the accident.
Our team will work to demonstrate that the truck driver’s violation of HOS regulations was the primary cause of the accident and that you were not at fault for the collision.
The Importance of Acting Quickly
If you suspect that HOS violations may have contributed to your truck accident, you need to act quickly. Trucking companies are only required to maintain certain records for limited periods, and some evidence may be destroyed or altered if not preserved promptly.
Additionally, North Carolina’s statute of limitations for personal injury cases is three years, but gathering evidence and building a strong case takes time. The sooner you begin the legal process, the better your chances of obtaining the evidence needed to prove HOS violations and secure fair compensation.
What Compensation May Be Available
When HOS violations contribute to your truck accident, you may be entitled to various types of compensation, including:
- Medical Expenses: Coverage for all current and future medical treatment related to your injuries, including hospital bills, surgery costs, rehabilitation, and ongoing care.
- Lost Income: Compensation for wages you’ve lost due to your inability to work, as well as future earning capacity if your injuries prevent you from returning to your previous employment.
- Pain and Suffering: North Carolina does not cap pain and suffering damages in truck accident cases, meaning you may recover significant compensation for the physical pain and emotional distress caused by your injuries.
- Property Damage: Compensation for damage to your vehicle and other personal property.
How Paynter Law Can Help
At Paynter Law, our legal team understands the complexities involved in truck accident cases, particularly those involving HOS violations. We have the experience and resources necessary to thoroughly investigate your case and hold negligent parties accountable.
We work on a contingency fee basis, which means you don’t pay attorney fees unless we win your case. Our team will handle all aspects of your claim while you focus on your recovery, and we offer free initial consultations to discuss your case and legal options.
When you choose Paynter Law, you’re not just working with one attorney – you’re working with an entire legal team dedicated to fighting for the compensation you deserve. We understand North Carolina’s unique legal landscape and will use our extensive experience to build the strongest possible case on your behalf.
Taking the Next Step
If you’ve been injured in a truck accident in North Carolina and suspect that Hours of Service violations may have played a role, don’t wait to seek legal help. The evidence you need to prove your case may be time-sensitive, and the trucking company’s insurance representatives are likely already working to minimize their liability.
Contact Paynter Law today at (919) 245-3116 for a free consultation. We’ll review the details of your accident, help you understand your legal rights, and work tirelessly to ensure you receive the compensation you need to move forward with your life.