What Happens If a Truck Driver Violated Hours-of-Service Rules Before an Accident?

By •Published On: October 21st, 2026•10 min read•
By •Published On: October 21st, 2026•10 min read•
Table of Contents
Exhausted commercial truck driver resting his head on the steering wheel after long hours on the road
Key Takeaways
  • Hours-of-service violations can support a negligence claim. Driving beyond federal limits may provide evidence that a truck driver failed to follow important safety regulations.
  • A violation does not automatically prove liability. Evidence must connect the driver’s conduct to the collision and resulting injuries.
  • Electronic driving logs can reveal critical information. These records may show driving hours, rest periods, and changes made to a driver’s records.
  • The trucking company may share responsibility. Employers that pressure drivers to exceed legal limits or knowingly permit unsafe driving may face liability.
  • Preserving evidence quickly is important. Federal regulations generally require trucking companies to retain hours-of-service records for only six months.

A fully loaded semi-truck traveling down an Arizona highway can weigh up to 80,000 pounds. When the person behind the wheel is exhausted, even a momentary lapse in concentration can lead to a devastating accident.

Commercial truck drivers face demanding schedules, long distances, and pressure to deliver shipments on time. Federal regulations limit how long many truck drivers can operate their vehicles without adequate rest. Unfortunately, these rules are not always followed.

If a truck driver violated federal hours-of-service rules before causing an accident, that violation could become important evidence in your personal injury claim. It may also raise questions about whether the trucking company contributed to the dangerous conditions that led to the collision.

At Perez Law Group, PLLC, our truck accident attorneys help injured people throughout Glendale, Phoenix, and Arizona investigate commercial vehicle accidents and determine who may be legally responsible.

What Are Hours-of-Service Rules for Truck Drivers?

The Federal Motor Carrier Safety Administration (FMCSA) establishes hours-of-service regulations to help prevent fatigue-related commercial vehicle accidents. These rules apply to many interstate commercial truck drivers and establish limits on driving time, working hours, and required rest periods.

Under the FMCSA hours-of-service regulations, most covered property-carrying commercial truck drivers must follow these requirements:

  • 11-hour driving limit: Drivers generally cannot drive more than 11 hours after taking 10 consecutive hours off duty.
  • 14-hour driving window: Drivers generally cannot drive beyond the 14th consecutive hour after coming on duty, even if they have not driven for all 14 hours.
  • 30-minute break: Drivers must take a qualifying 30-minute break after eight cumulative hours of driving without a qualifying interruption.
  • 60/70-hour weekly limit: Drivers generally cannot drive after accumulating 60 hours on duty over seven consecutive days or 70 hours over eight consecutive days, depending on the carrier’s operations.

Certain exceptions and special provisions apply, including qualifying sleeper berth arrangements, short-haul operations, and adverse driving conditions. The applicable rules depend on the driver, vehicle, and operation.

These limits matter because driving a commercial truck requires continuous attention, judgment, and quick reactions. Fatigue can interfere with all three, making it harder for drivers to recognize hazards and respond safely.

How Does an Hours-of-Service Violation Affect a Truck Accident Claim?

When a truck driver exceeds legally permitted driving hours, that violation can help establish that the driver failed to meet an applicable safety obligation. In an Arizona personal injury case, it may support an argument that the driver acted negligently.

Imagine a commercial truck driver who continues operating after exceeding the 11-hour driving limit. As traffic slows on Interstate 10 near Phoenix, the driver fails to notice stopped vehicles and crashes into the rear of a passenger car. If the investigation establishes that the driver was operating beyond the permitted limit, that information could support the injured person’s claim.

The violation becomes especially significant when other evidence suggests fatigue contributed to the collision, such as delayed braking, drifting between lanes, inconsistent statements, or witness observations.

However, violating hours-of-service rules does not automatically make a truck driver responsible for an accident. The injured person must still establish the legal elements of the claim, including a connection between the negligent conduct, the collision, and the resulting injuries.

Does Exceeding Driving Limits Prove the Driver Was Fatigued?

Not necessarily. A truck driver might exceed a federal driving limit without showing obvious signs of fatigue, while another driver could become dangerously tired despite technically remaining within the permitted hours.

Consider two different situations. In one, a truck driver exceeds the legal driving limit and subsequently falls asleep, causing a collision. In another, a driver exceeds the limit, but the accident occurs because a separate vehicle unexpectedly crosses into the truck’s lane. Both situations deserve investigation, but the relationship between the violation and the accident may be very different.

Federal law also addresses unsafe fatigue independently of numerical driving limits. Under 49 CFR § 392.3, drivers generally may not operate commercial vehicles when fatigue makes their ability or alertness so impaired, or likely to become impaired, that continuing to drive would be unsafe. Motor carriers are also prohibited from requiring or permitting such unsafe operation.

This distinction is important because a driver can comply with the hourly limits and still be too exhausted to drive safely.

How Can Electronic Logging Devices Help Prove a Violation?

Many commercial trucks use electronic logging devices, commonly called ELDs, to record driving activity and help document compliance with hours-of-service regulations.

These devices can provide a timeline showing when a truck was moving, when the driver stopped, and how driving periods were recorded. Investigators may compare that information with dispatch communications, GPS or fleet tracking information, delivery records, fuel receipts, and other available documentation.

One important detail is that ELD records are not necessarily the entire story. A driver may spend hours loading cargo, waiting at a warehouse, inspecting equipment, or performing other work before beginning a long drive. Some of that activity counts as on-duty time even when the truck is not moving.

A particularly revealing part of an investigation can be comparing electronic logs with the trucking company’s business records. If the records do not match, investigators may need to determine whether an error occurred or whether driving or working hours were improperly documented.

The FMCSA’s electronic logging guidance explains that permitted edits must be documented and original records retained. Reviewing the edit history may reveal changes that deserve further examination, although an edit by itself is not proof of wrongdoing.

Why Preserving Trucking Records Quickly Matters

Electronic records can be extremely valuable, but they are not necessarily available forever. According to the FMCSA’s record retention requirements, motor carriers generally must retain drivers’ records of duty status and supporting documents for six months.

This does not mean all evidence automatically disappears after six months. Some information may remain available longer, and litigation-related preservation obligations can require companies to retain relevant evidence. However, relying on ordinary recordkeeping practices can be risky.

An attorney may send a formal preservation notice directing the trucking company to retain relevant records, including electronic logs, dispatch messages, vehicle information, and other potential evidence.

The earlier this process begins, the greater the opportunity to identify records that may help explain what happened before the crash.

Can the Trucking Company Be Held Responsible for an Hours-of-Service Violation?

Yes. Depending on the circumstances, a trucking company may face responsibility for an employee driver’s negligence or for its own actions that contributed to the accident.

For example, a company might establish delivery schedules that are unrealistic without violating driving limits. Dispatchers might pressure drivers to continue operating when they should stop, overlook repeated violations, or disregard warnings about fatigue. Evidence of these practices could become important in determining whether the company acted negligently.

The FMCSA’s fatigue regulation also places responsibilities on motor carriers, not just individual drivers. That means an investigation should examine what the company knew, what instructions it gave, and whether it took appropriate steps when safety concerns arose.

Our Phoenix truck accident lawyer resource explains how commercial vehicle accidents can involve multiple potentially responsible parties.

In a serious truck accident case, investigating the company behind the driver can be just as important as investigating the driver’s actions at the scene.

What If the Truck Driver Falsified Driving Logs?

If investigators discover that driving records were deliberately falsified, it can raise additional concerns about compliance, supervision, and the reliability of the trucking company’s records.

For instance, a driver might record a period as off duty even though other evidence suggests the driver was working. Alternatively, discrepancies between electronic records and delivery documentation might reveal inaccurate reporting that requires further investigation.

Not every discrepancy proves intentional falsification. Recording mistakes, permitted corrections, and misunderstandings about duty status can occur. Investigators must examine the original records, supporting documentation, and explanations before drawing conclusions.

When intentional misconduct is established, it may provide further evidence concerning the driver’s conduct and potentially the carrier’s practices. Whether it affects liability or the damages available depends on the facts and applicable law.

What Compensation Can You Recover After a Fatigued Truck Driver Causes an Accident?

When a fatigued truck driver causes an accident through negligence, injured victims may be entitled to compensation for the losses resulting from the crash.

These damages may include emergency medical treatment, hospitalization, surgery, rehabilitation, lost wages, reduced future earning capacity, physical pain, emotional suffering, and other losses recognized under Arizona law.

Serious collisions involving semi-trucks can also result in permanent disabilities, spinal injuries, traumatic brain injuries, or the need for extensive future medical treatment.

Before agreeing to a settlement, it is important to consider more than the bills already received. Our guide to future medical treatment after a car accident explains why long-term medical expenses can be an important part of an injury claim.

The compensation available depends on the injuries, evidence, insurance coverage, responsible parties, and other circumstances. An hours-of-service violation alone does not determine the value of a claim.

What Should You Do If You Suspect a Truck Driver Was Too Tired to Drive?

Following a commercial truck accident, your immediate priority should be obtaining appropriate medical attention and reporting the collision to law enforcement.

If possible, preserve photographs of the vehicles, road conditions, skid marks, and surrounding area. Keep the trucking company’s identifying information, witness contact information, and any statements that may help explain the driver’s behavior.

You do not need to prove that the driver was fatigued at the accident scene. In fact, it may be impossible to know how long the driver had been working without examining the records.

Avoid making assumptions about what caused the collision when communicating with an insurance company. Instead, preserve what you observed and allow the evidence to guide the investigation.

For additional guidance, read our article on what to do after a truck accident.

What If You Were Partially Responsible for the Accident?

An hours-of-service violation does not necessarily eliminate the possibility that another driver contributed to a collision.

Arizona follows a comparative negligence system under A.R.S. § 12-2505. In most negligence cases, an injured person’s compensation can be reduced according to their percentage of responsibility without automatically eliminating the claim.

For example, if a jury determines that an injured driver was 20% responsible for a collision, the damages awarded would generally be reduced by 20%.

Evidence about the truck driver’s hours, actions, and compliance with safety regulations can be important when insurance companies dispute how responsibility should be divided.

How Long Do You Have to File a Truck Accident Claim in Arizona?

Under A.R.S. § 12-542, Arizona generally provides a two-year statute of limitations for personal injury lawsuits. Certain circumstances can change the applicable deadline, so it is important to obtain advice about your specific situation.

However, waiting until the legal deadline approaches can make gathering evidence much more difficult. Electronic records may no longer be routinely retained, witnesses may become harder to locate, and important information about the trucking company’s operations may be lost.

An early investigation can help protect your ability to establish what occurred before the collision.

Speak With Perez Law Group About a Truck Accident in Arizona

If you were injured in a collision involving a commercial truck, you may never know whether the driver exceeded federal driving limits unless someone investigates the available records.

At Perez Law Group, PLLC, our personal injury attorneys help accident victims in Glendale, Phoenix, the West Valley, and throughout Arizona pursue compensation after serious motor vehicle collisions.

We can evaluate evidence concerning driver fatigue, examine potential trucking company negligence, identify responsible parties, and explain your options under Arizona law.

Call (602) 730-7100 or visit PerezLawGroup.com to request a free consultation.

You should not have to guess whether a preventable safety violation contributed to your injuries. An appropriate investigation can help uncover what happened and determine the next steps toward pursuing compensation.

Categories: Truck Accident
Cristina Perez Hesano

Cristina Perez Hesano

Founder & Managing Partner

Cristina Perez Hesano is the founding partner of Perez Law Group, PLLC, and an accomplished Arizona trial attorney with more than a decade of experience. She represents individuals and families in serious personal injury, wrongful death, bankruptcy, and consumer protection matters. Known for her compassion, strategic approach, and dedication to justice, Cristina has successfully secured significant results while helping clients navigate some of life’s most difficult challenges.

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