Truckers drive long shifts, often for many days at a time. With any extended road trip, drivers risk falling victim to fatigue and boredom ― two significant causes of motor vehicle accidents in the United States. To reduce the chances of truck accidents caused by overwork and fatigue, the Federal Motor Carrier Safety Administration (FMCSA) imposes strict rules governing how long a truck driver can remain behind the wheel before taking a rest break. These rules are known as hours-of-service regulations (HOS).
FMCSA hours-of-service rules are not optional. Drivers and trucking companies must follow the regulations or risk severe penalties for violations. And if a driver fails to abide by these trucking hours-of-service rules and causes an accident, injured victims can hold them financially accountable for their negligence.
Did you or someone you love suffer injuries in a crash caused by a fatigued truck driver in Nevada? It’s possible the driver broke state and federal laws governing their hours of operation, and you could be entitled to significant compensation through a personal injury claim.
Let a Las Vegas truck accident lawyer at THE702FIRM Injury Attorneys review your case. We know truck accidents cause some of the most catastrophic injuries on Nevada roads. Our legal team can help you pursue compensation from all liable parties. We’ll leave no stone unturned to uncover the evidence necessary to build a robust case for maximum compensation for you.
We know the last thing you need after an accident is to deal with insurance companies and paperwork. Our law firm offers comprehensive legal services and can do all the legwork for you. All you need to do is focus on your rest and rehabilitation.
Let’s get started today. Call or contact us now for a free case review.
What Are the FMCSA Hours-of-Service Regulations?
Federal and Nevada hours-of-service rules stipulate that:
- 11-Hour Driving Limit: A truck driver can drive for 11 hours in a 14-hour shift.
- 10 Off-Duty Hours: A driver may not operate a truck for their 11-hour shift until they have spent at least 10 consecutive hours off duty.
- 14-Hour Rule: A trucker may not operate their vehicle past the 14th consecutive hour after coming on duty.
- 30-Minute Rest Breaks: A driver must take a break of at least 30 minutes after spending eight cumulative hours driving without a break of 30 minutes or more. The break may be spent on duty and not driving, off-duty, in a sleeper berth, or in any combination.
- 60/70 Hour Limit: A trucker cannot drive after a total of 60 hours on duty in any seven-consecutive day period or a total of 70 hours on duty in any eight-consecutive day period. These seven or eight-day periods restart after an off-duty period of at least 34 consecutive hours.
Special Considerations
Understanding the special conditions and exceptions within Nevada’s truck driver hours of service regulations is key for both drivers and trucking companies. These exceptions can influence how long drivers are on the road, how rest periods are structured, and what safety measures must be followed in different situations. Being familiar with these rules helps prevent truck accidents and ensures compliance with both federal and state regulations.
1. Adverse Driving Conditions Exception
The adverse driving conditions exception is designed to address unexpected road or weather issues that arise during a trip. It allows commercial truck drivers to extend their driving time by up to 2 extra hours if they encounter unplanned hazards like sudden snowstorms, heavy fog, or unexpected road closures.
However, drivers must still adhere to the 14-hour on-duty limit. This exception helps drivers manage their schedules safely when facing unpredictable situations, but they must document these conditions properly to avoid being cited for service violations.
2. Sleeper Berth Provisions
The sleeper berth provision allows truck drivers to break up their required 10-hour off-duty period into two separate segments if they are using the sleeper berth in their trucks. This means a driver can split the rest time into one period of at least 7 hours in the sleeper berth and another of at least 2 hours either in the sleeper or off-duty.
This flexibility helps drivers manage their rest breaks more efficiently, which can reduce driver fatigue and make long hauls safer. These rest breaks are essential for preventing drowsy or fatigued drivers from making mistakes that could lead to truck accidents.
3. Short-Haul Exception
The short-haul exception applies to drivers operating within a 150-air-mile radius of their normal work reporting location. Under this exception, drivers are exempt from using electronic logging devices (ELDs) and do not have to keep detailed duty status records.
However, they must not exceed the 11-hour driving limit and must return to the same work location within 14 hours. This rule is intended for drivers who operate locally. This exception simplifies recordkeeping for local commercial drivers but requires strict adherence to ensure safety and compliance.
How Do Hours-of-Service Violations Lead to Truck Accidents?
When drivers exceed trucking hours-of-service limits, they face increasing risks of becoming tired behind the wheel. Studies show that drowsy driving can be just as dangerous as driving under the influence of alcohol or drugs. That’s because fatigue causes many of the same impairments as intoxication, including:
- Reduced reaction times
- Altered perceptions
- Impaired judgment
- Lowered inhibitions
- Limited awareness of the surroundings
All of these effects make it more likely for a truck driver to make a reckless mistake or fall asleep behind the wheel, potentially leading to a collision.
Penalties for HOS Violations
Law enforcement officers and state and federal regulators may request to inspect a truck driver’s hours-of-service logs at any time. If the records show any HOS violations, a driver can immediately be placed out of service. This means that the driver’s truck must stay on the roadside or at a rest stop for 10 to 34 hours.
In addition to putting a driver out of service, officials can assess fines and penalties upon a driver and their employer. Fines normally range from $1,000 to $16,000, depending on the severity of the offense. If a driver is carrying hazardous materials when in violation of the hours-of-service rules, maximum fines may reach as high as $75,000.
A driver or trucking company that demonstrates a pattern of violating the hours-of-service rules may be subject to other penalties, including the downgrading of a trucking company’s rating or downgrading of a driver’s compliance/safety/accountability score. In cases where a truck driver or trucking company regularly engages in intentional violations of the hours-of-service rules, state or federal criminal charges may be imposed.
Who Is Liable for a Truck Accident Caused by Driver Fatigue?
Multiple parties could be liable when a drowsy or fatigued driver causes a truck accident in Las Vegas, including:
- Trucker: A truck driver is liable for a drowsy truck driving accident when they intentionally violate HOS regulations.
- Trucking company: If the driver was an employee of the company (as opposed to an independent contractor), the trucking company may be liable for an accident caused by a driver who violated hours-of-service rules. A trucking company also has direct liability for a fatigued-driving truck accident if it instructed or pressured its driver to exceed the hours-of-service limits.
- The truck’s owner: When a commercial truck is owned by a party other than the trucking company or truck driver, the truck’s owner may be liable if the owner knew that the truck driver was violating the hours-of-service rules.
- The freight company—If the freight or cargo company is responsible for dispatching drivers, it is liable for a truck accident if it directed or encouraged a truck driver to violate the hours-of-service rules.
Contact Our Las Vegas Truck Accident Lawyers Today
Truck driver hours of service regulations in Nevada are in place to keep roads safe for everyone. These rules limit the number of hours a trucker can drive without taking a break, ensuring licensed truck drivers remain alert and reduce the chances of accidents. Adhering to these regulations is important for drivers holding a Nevada commercial driver’s license.
However, when truck drivers or companies fail to follow these laws, serious accidents can happen. If you or a loved one has been involved in a truck accident, it’s important to seek legal help. THE702FIRM Injury Attorneys, experienced truck accident attorneys in Las Vegas, can help you understand your options and pursue fair compensation.
To learn more about your rights and get the guidance you need, schedule a consultation with THE702FIRM today.