Hours of Service Violations in San Antonio 18-Wheeler Accidents: Proving Driver Fatigue

Introduction: The Deadly Consequences of Truck Driver Fatigue

San Antonio’s strategic location along major trucking routes makes commercial vehicle traffic a constant presence on our highways. While the majority of truck drivers operate their vehicles responsibly, driver fatigue remains one of the most dangerous and preventable causes of 18-wheeler accidents. When truckers exceed their legal driving hours, the results can be catastrophic.

According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue is a contributing factor in approximately 13% of all commercial motor vehicle crashes. The consequences of these accidents are often severe due to the immense size and weight differential between commercial trucks and passenger vehicles.

If you’ve been injured in an accident with a commercial truck in San Antonio, understanding hours of service violations and how to prove driver fatigue can be crucial to your personal injury claim. This guide will explain everything you need to know about hours of service regulations, how they’re violated, and building a compelling case.

Understanding Hours of Service Regulations

The FMCSA has established strict regulations governing the number of hours commercial drivers can operate their vehicles. These “Hours of Service” (HOS) rules are designed specifically to prevent driver fatigue and keep our roads safe.

Current HOS Regulations for Property-Carrying Drivers

The key HOS regulations that truck drivers must follow include:

• 11-Hour Driving Limit: Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14-Hour Limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
• 30-Minute Break Requirement: Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption.
• 60/70-Hour Limit: Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

Electronic Logging Devices (ELDs)

Since December 2017, most commercial trucks are required to use Electronic Logging Devices (ELDs) to record a driver’s hours of service, replacing the traditional paper logbooks that were easier to falsify. These devices automatically record driving time and monitor engine hours, vehicle movement, miles driven, and location information.

Common Hours of Service Violations in San Antonio

Despite these regulations, hours of service violations occur frequently on Texas highways. Some of the most common violations include:

Exceeding Daily Driving Limits

Many accidents happen when drivers exceed the 11-hour driving limit or continue driving after the 14-hour on-duty limit. This often occurs due to tight delivery deadlines, financial incentives for early deliveries, or pressure from employers.

Falsifying Logbooks

Even with ELDs, some drivers find ways to manipulate their records. This might involve:

• Operating under different driver accounts
• Manually editing automatically recorded duty statuses
• Unplugging or disabling the ELD
• Keeping two sets of logs (one for inspection and one actual)

Insufficient Rest Periods

Not taking the mandatory 10-hour rest period or the required 30-minute break after 8 hours of driving directly contributes to driver fatigue.

Violating the 60/70-Hour Rule

Some drivers continue working beyond the 60/70-hour weekly limit without taking the required 34-hour restart period.

How Fatigue Affects Truck Driver Performance

Understanding the physiological effects of fatigue helps explain why HOS regulations are so critical for safety:

Impaired Cognitive Function

Fatigue significantly impairs a driver’s:

• Judgment and decision-making ability
• Reaction time
• Attention and concentration
• Ability to process information

Physical Effects

Physical manifestations of fatigue include:

• Microsleeps (brief moments of unconsciousness lasting 4-5 seconds)
• Difficulty keeping eyes focused
• Head nodding
• Inability to maintain lane position

Research from the FMCSA indicates that being awake for 18 hours produces an impairment equivalent to a blood alcohol concentration (BAC) of 0.08%—the legal limit for driving under the influence.

Proving Hours of Service Violations in Your Truck Accident Case

If you’ve been injured in an accident with an 18-wheeler in San Antonio, establishing an hours of service violation can be crucial to proving negligence. Here’s how to build your case:

Securing the Driver’s Records

The most direct evidence comes from the driver’s records:

• Electronic Logging Device (ELD) Data: This provides a digital record of the driver’s hours that is difficult (though not impossible) to falsify.
• Driver’s Logbooks: If paper logs were used, these should be examined for inconsistencies.
• Supporting Documentation: Bills of lading, fuel receipts, toll records, and delivery schedules can be cross-referenced with the driver’s logs to identify discrepancies.

Legal Tools for Obtaining Evidence

Your attorney can use several legal mechanisms to obtain this crucial evidence:

• Letter of Preservation: This should be sent immediately to the trucking company to prevent the destruction of relevant records.
• Subpoenas: These legal documents compel the production of records that might otherwise be withheld.
• Discovery Requests: These formal requests require the trucking company to produce specific documents and information.

Expert Witnesses

Expert testimony can be invaluable in establishing how hours of service violations contributed to your accident:

• Accident Reconstruction Specialists: These experts can analyze the physical evidence to determine how fatigue may have affected the driver’s actions.
• Trucking Industry Experts: These professionals can explain industry standards and how HOS violations indicate negligence.
• Medical Experts: Physicians can testify about the effects of sleep deprivation on cognitive and physical functioning.

Using Technology to Bolster Your Case

Modern technology provides additional avenues for proving driver fatigue:

• Dashcam Footage: This might show the truck swerving or exhibiting other signs of impaired driving.
• GPS Data: This can confirm the truck’s location at specific times, potentially contradicting logbook entries.
• Cell Phone Records: These may show the driver was active during reported rest periods.

The Role of the Trucking Company in HOS Violations

Trucking companies can be held liable for accidents caused by their drivers under several legal theories:

Vicarious Liability

Under the doctrine of respondeat superior, employers are generally responsible for the negligent actions of their employees performed within the scope of employment.

Negligent Hiring and Supervision

If a trucking company hires drivers with a history of HOS violations or fails to properly monitor compliance, they may be directly negligent.

Encouraging Violations

Sometimes, trucking companies implicitly or explicitly encourage drivers to violate HOS rules through:

• Unrealistic delivery schedules
• Compensation structures that reward faster deliveries
• Inadequate compliance monitoring
• Creating a culture that prioritizes speed over safety

San Antonio-Specific Considerations for Truck Accident Cases

Several factors make San Antonio truck accident cases involving HOS violations unique:

High-Volume Trucking Corridors

San Antonio’s position at the intersection of I-10, I-35, and I-37 makes it a major hub for commercial trucking. These busy corridors see countless fatigued drivers attempting to make it “just a little further” before taking required breaks.

Local Court Experience

Bexar County courts have handled numerous cases involving HOS violations, creating a body of local precedent that experienced attorneys can leverage.

Texas Proportionate Responsibility

Texas follows a “modified comparative fault” rule, which means that if you were partially responsible for the accident, your compensation may be reduced proportionately. However, if you were more than 50% responsible, you cannot recover damages.

Damages Available in San Antonio Truck Accident Cases

If you can successfully prove that an HOS violation caused your accident, you may be entitled to various forms of compensation:

Economic Damages

These include:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Property damage
• Rehabilitation costs

Non-Economic Damages

These more subjective losses include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

Punitive Damages

In cases where the trucking company’s behavior was particularly egregious—such as knowingly allowing or encouraging HOS violations—punitive damages may be available to punish the defendant and deter similar conduct.

Steps to Take If You Suspect Driver Fatigue in Your Accident

If you’ve been involved in an accident with an 18-wheeler in San Antonio and suspect driver fatigue played a role:

1. Seek Medical Attention: Your health should be your first priority, and prompt medical care creates documentation of your injuries.
2. Report the Accident: Ensure police respond to the scene and create an official report.
3. Document Everything: Take photos, gather witness information, and write down your recollection of events as soon as possible.
4. Avoid Giving Statements: Do not provide statements to the trucking company’s insurance representatives without legal counsel.
5. Consult an Experienced Truck Accident Attorney: Cases involving HOS violations require specialized knowledge and resources.

The Statute of Limitations for Truck Accident Claims in Texas

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, certain exceptions may apply, and evidence critical to proving HOS violations (such as electronic logs) may be overwritten or destroyed if action isn’t taken quickly.

Conclusion: Building a Strong Case with the Right Legal Representation

Hours of service violations are a serious form of negligence that puts everyone on San Antonio roads at risk. When these violations lead to accidents, victims deserve compensation for their injuries and losses.

Successfully proving driver fatigue requires experience, resources, and a thorough understanding of both federal regulations and Texas personal injury law. With the right legal representation, victims can hold negligent drivers and trucking companies accountable while securing the compensation they need to recover.

If you’ve been injured in an 18-wheeler accident in San Antonio, don’t delay in seeking legal assistance. The sooner an attorney can begin investigating potential hours of service violations, the stronger your case will be.

This blog is provided for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes will vary based on the specific facts and circumstances involved. For personalized legal advice regarding your truck accident case, please contact Ryan Orsatti Law for a consultation.