When Fatigued Truck Drivers Cause Oklahoma Accidents: HOS Violations

Federal law limits how many hours a commercial truck driver can spend behind the wheel. These are regulations enforced by the Federal Motor Carrier Safety Administration, and violating them is illegal. The rules exist because a fatigued driver operating an 80,000-pound vehicle is a danger to everyone on the road.

If the truck driver who hit you was over their hours, that violation can become the foundation of your entire case. Oklahoma recognizes a legal doctrine called negligence per se, which means that breaking a safety law designed to prevent exactly the kind of harm you suffered can be treated as automatic proof of negligence. You don’t have to convince a jury the driver was careless—you just have to prove they broke the rule.

The challenge is getting that proof before it disappears. The data you need is stored by the trucking company, and federal law doesn’t require them to keep it forever. Some of it can be legally deleted within months of the crash. If you wait too long to involve an attorney, the evidence that could prove the driver was over their hours may no longer exist.

If you were injured in a truck accident in Oklahoma and suspect the driver was fatigued or working beyond legal limits, call us today for a free consultation. We’ll move quickly to preserve the records and determine whether an HOS violation can strengthen your claim.

Call (314) 557-4659 or contact us online today for a free consultation.

Key Takeaways for Oklahoma Truck Accident Claims Involving Driver Fatigue

1. Federal Hours of Service (HOS) rules are not optional. These regulations are federal law, and violating them is strong evidence of negligence. Proving a driver broke these rules can be a cornerstone of your personal injury claim.
2. An HOS violation may establish negligence automatically. Under a legal doctrine in Oklahoma called negligence per se, if a person violates a safety law and causes the exact type of harm the law was designed to prevent, their negligence is presumed. This simplifies a key part of your claim.
3. Evidence from the truck is essential, and you must act quickly to preserve it. Data from the truck’s Electronic Logging Device (ELD) and engine control module, along with driver logs and company records, is vital. Trucking companies are not required to keep this information indefinitely, so it is imperative to have a truck accident attorney send a preservation letter immediately after an accident.

What Are the Federal Hours Of Service (HOS) Rules?

These laws, detailed in 49 CFR Part 395, dictate the maximum number of hours a commercial truck driver is allowed to work and drive, and mandate specific rest periods. The core purpose of these rules is to ensure that drivers stay alert and awake, thereby reducing the number of fatigue-related crashes.

While the rules have some exceptions, the fundamental limits for property-carrying drivers are:

• 14-Hour Driving Window: A driver is not permitted to drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. This 14-hour clock does not stop for breaks.
• 11-Hour Driving Limit: Within that 14-hour window, a driver may drive a maximum of 11 hours.
• 10-Hour Off-Duty Requirement: After completing their shift, a driver must take at least 10 consecutive hours off duty before they are allowed to drive again.
• 30-Minute Break: A driver is required to take a 30-minute break after 8 cumulative hours of driving time.
• 60/70-Hour Limit: Drivers may not drive after having been on duty for 60 hours in any 7-consecutive-day period or 70 hours in any 8-consecutive-day period. This period can be restarted after a driver takes 34 or more consecutive hours off duty.

Common HOS Violations And How They Lead To Accidents

Despite the clarity of federal regulations, HOS violations are a persistent problem in the trucking industry. Some drivers and carriers may ignore these rules under pressure to meet tight delivery deadlines and maximize profits. 

Research has suggested truck driver fatigue is a contributing factor in 30 to 40 percent of all heavy truck accidents. Another study by the FMCSA found that fatigue was a factor in up to 13% of truck accidents. When drivers push past their legal limits, their bodies and minds suffer, leading directly to dangerous situations on the road.

Common violations include:

• Exceeding Driving Limits: This is the most straightforward violation, where a driver simply stays behind the wheel longer than the 11-hour daily limit or the 60/70-hour weekly limit. The longer a person drives, the more their reaction time slows and their cognitive function declines.
• Falsifying Logs: Before the mandate of Electronic Logging Devices (ELDs), it was common for drivers to maintain two sets of paper logbooks or to alter their logs to conceal HOS violations. While ELDs make this more difficult, some drivers still attempt to manipulate the system.
• Ignoring Break Requirements: Skipping the mandatory 30-minute rest break might seem minor, but it deprives the brain of a necessary pause to reset and refocus, increasing the risk of inattention.
• Abusing Sleeper Berth Provisions: The rules for splitting off-duty time in a sleeper berth are specific. Improperly logging this time may result in a driver not getting the restorative sleep they need.

A fatigued driver exhibits many of the same impairments as a drunk driver. Their judgment is clouded, their reaction times are significantly slower, and they are prone to drifting out of their lane or failing to recognize hazards—risks a skilled drunk driving accident lawyer often sees in serious crash cases.

The Link Between HOS Violations And Negligence In Oklahoma

In any Oklahoma personal injury claim, the injured party must prove that the at-fault party was negligent. This involves showing that the person owed a duty of care, breached that duty, and that this breach directly caused the injuries and damages. In the context of a truck accident, proving an HOS violation is a strong way to establish this negligence.

This is because Oklahoma law recognizes the doctrine of negligence per se. This legal principle states that if a person violates a statute or regulation, that violation itself can be considered proof of negligence. To apply this doctrine, three conditions must be met:

1. The injury was caused by the violation of the statute.
2. The injury was the type of harm the statute was intended to prevent.
3. The injured person is part of the class of people the statute was designed to protect.

Federal HOS regulations are public safety laws created specifically to prevent fatigue-related accidents that harm other motorists. Therefore, when a truck driver violates HOS rules and causes a crash due to fatigue, their actions typically satisfy all three conditions for negligence per se. This simplifies the process of proving fault, allowing the focus of the case to shift to the full extent of the victim’s damages.

Proving A Truck Driver Was Fatigued Or Violated HOS Rules

Trucking companies and their insurers have sophisticated legal teams dedicated to minimizing their liability. A successful claim requires a thorough investigation to uncover clear evidence of HOS violations and fatigue.

Key sources of evidence include:

• Electronic Logging Device (ELD) Data: Most commercial trucks are now required to be equipped with an ELD, which automatically records driving time, engine hours, vehicle movement, and location. This data is invaluable for verifying a driver’s hours and can easily expose violations.
• Driver’s Record of Duty Status (RODS): This is the official log of the driver’s hours. Comparing ELD data with the RODS can reveal discrepancies or attempts to falsify records.
• Company Dispatch and Trip Records: Documents such as bills of lading, dispatch instructions, and fuel receipts can be used to reconstruct the driver’s timeline. This data might show an impossible schedule that pressured the driver to exceed HOS limits.
• Post-Crash Inspection Reports: Law enforcement reports from the scene may note the driver’s statements or initial findings related to the truck’s data recorders.
• Witness Testimony: Other drivers or individuals who saw the truck before the crash might be able to testify about erratic driving, such as weaving or inconsistent speeds, which are signs of fatigue.

We recommend hiring a lawyer to quickly send a spoliation letter to the trucking company. This legal notice demands that they preserve all relevant evidence, such as ELD data and driver records, preventing it from being destroyed or altered.

Common Defenses From Trucking Companies And How To Respond

A common defense is to claim an ELD Malfunction. The driver or company might argue that the electronic log is inaccurate due to a technical glitch. However, federal regulations have clear protocols for this situation. 

According to 49 CFR § 395.34, if an ELD malfunctions, the driver must notify the carrier within 24 hours and reconstruct their logs on paper. The carrier then has eight days to repair or replace the device. An attorney can investigate whether these procedures were followed. If not, the defense is significantly weakened, and the failure to maintain proper records may itself be evidence of negligence in truck accident case.

Another tactic is to shift blame to the victim under Oklahoma’s modified comparative negligence rule. The defense might argue that you were partially at fault for the accident, such as by speeding or making a sudden lane change. 

Under state law, if you are found to be partially responsible, your compensation is reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover any damages. Your lawyer will counter these allegations by using accident reconstruction experts and witness statements to demonstrate that the truck driver’s fatigue was the primary cause of the crash.

Call (314) 557-4659 or contact us online today for a free consultation.

What Compensation Is Available In A Truck Accident Claim?

Compensation typically falls into two main categories:

• Economic Damages: These are the direct, calculable financial losses you have incurred because of the accident.
  • This includes all past and future medical expenses, such as hospital stays, surgeries, rehabilitation, and medication. 
  • It also covers lost wages from being unable to work and loss of future earning capacity if your injuries prevent you from returning to your previous job. 
  • Finally, it includes the cost to repair or replace your vehicle and other damaged property.
• Non-Economic Damages: These damages are intended to compensate you for the intangible, personal losses that do not have a specific price tag.
  • This includes pain and suffering, emotional distress, and mental anguish resulting from the trauma of the crash and your injuries. 
  • It also covers loss of enjoyment of life, permanent disfigurement or scarring, and loss of consortium, which relates to the negative impact on your relationship with your spouse.

In cases where the trucking company’s conduct was particularly reckless, such as systematically encouraging drivers to violate safety rules, it may also be possible to pursue punitive damages. These are not meant to compensate the victim but to punish the defendant and deter similar behavior in the future.

Frequently Asked Questions About Hours-of-Service Violation Trucking Accidents

What are the hours-of-service rules for truck drivers in Oklahoma?

Oklahoma has adopted the federal FMCSA regulations for both interstate (crossing state lines) and intrastate (within Oklahoma) commerce. This means all commercial truck drivers in the state must adhere to the same HOS rules, such as the 11-hour driving limit and the 14-hour duty day window.

How do the 2020 HOS changes affect my truck accident case?

In 2020, the FMCSA updated some HOS provisions to give drivers more flexibility. Key changes included modifications to the 30-minute break rule, the sleeper berth provision, and extensions for adverse driving conditions. While these changes provide more options for drivers, they do not extend the core 11-hour driving limit. An attorney can analyze the driver’s logs to see if they correctly applied these new, more complicated rules or if they used them as an excuse to drive while fatigued.

What if the truck driver claims their ELD malfunctioned?

A claim of a malfunctioning ELD is a common defense, but it is not a free pass. Federal regulations under 49 CFR § 395.34 have strict requirements for this scenario. The driver must formally note the malfunction, notify the motor carrier within 24 hours, and manually reconstruct their duty status logs for the current day and the past seven days. The carrier is required to repair or replace the device within eight days. If these steps were not followed, the defense holds little weight and may even suggest an attempt to conceal an HOS violation.

Don’t Wait for the Evidence to Disappear

Trucking companies know exactly what’s in their driver logs and ELD data. If that data shows an HOS violation, they also know it’s the strongest evidence you could use against them. Federal law gives them a limited window to retain these records, and once that window closes, the proof of what their driver did is gone.

This is why timing matters more in truck accident cases than in almost any other type of personal injury claim—and why contacting an experienced personal injury lawyer early can make a critical difference.

If a truck driver’s fatigue caused your accident, the evidence exists to prove it, but only if someone acts fast enough to secure it. Call DM Injury Law today for a free consultation. We’ll tell you whether you have a case and what it’s going to take to win it.

Call (314) 557-4659 or contact us online today for a free consultation.