Hours-of-Service Violation Truck Accident Lawyer in Colorado

Donald Sisson Attorney in Colorado
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Elkus Sisson Attorney in Colorado

Federal hours-of-service rules exist because a fatigued driver behind an 80,000-pound truck is a serious hazard. When a carrier or driver violates those rules, the violation can increase fatigue-related safety risks and may become important evidence after a crash. Proving that a violation happened, and that it caused your crash, takes more than a hunch. It takes the driver’s logs, the ELD data behind them, and the records the carrier is required to keep.

Elkus & Sisson, P.C. represents people injured by fatigued and overworked truck drivers across Colorado. We investigate driver logs and ELD data, identify hours-of-service violations, and hold the driver and the motor carrier accountable.

What the FMCSA Hours-of-Service Rules Require

Federal regulations under 49 C.F.R. § 395.3[1] set the core limits for drivers of property-carrying commercial trucks. A driver must take 10 consecutive hours off duty before driving, may not drive after the 14th consecutive hour after coming on duty, and may drive no more than 11 total hours during that window. A driver may not drive if more than 8 cumulative hours have passed since the last off-duty (or equivalent) period of at least 30 minutes; that break can be satisfied by off-duty time, sleeper berth time, on-duty non-driving time, or a combination of the three. A driver may not drive after accumulating 60 hours on duty in 7 consecutive days for a carrier that does not operate every day of the week, or 70 hours in 8 consecutive days for a carrier that does. A period of at least 34 consecutive hours off duty can restart the applicable 7- or 8-day period.

The short-haul exception under 49 C.F.R. § 395.1(e)[3] allows qualifying drivers who stay within a 150-air-mile radius and return to their reporting location within the required time to use simplified time records instead of ordinary records of duty status and ELD logging. Qualifying short-haul drivers are also excepted from the 30-minute driving-interruption requirement, but the other hours-of-service limits above still apply. The underlying safety purpose is the same regardless: driving tired causes crashes, and these rules are the government’s attempt to prevent that.

Electronic Logging Devices and Driver Logs

Most drivers who are required to maintain records of duty status must use an ELD, subject to the exceptions listed in 49 C.F.R. § 395.8[2], which include certain short-term, driveaway-towaway, and pre-2000 vehicle operations. An ELD automatically records driving time and other required vehicle data, while drivers still enter or confirm certain non-driving duty statuses such as off-duty and sleeper-berth time. ELD data is generally harder to falsify than the paper logs it replaced, but it is not infallible. Drivers can still misclassify duty status, and devices can malfunction or be used incorrectly.

That is why ELD data is only part of the picture. Fuel receipts, toll records, dispatch logs, bills of lading, and GPS or telematics data can corroborate what the ELD shows, or expose a gap between the official record and what actually happened on the road.

Common Hours-of-Service Violations

Violations we regularly investigate include:

  • Driving beyond the 11-hour limit or the 14-hour on-duty window
  • Skipping or shortening the required 30-minute break
  • Exceeding the 60-hour/7-day or 70-hour/8-day weekly limits
  • Falsifying logs or ELD entries to disguise actual driving time
  • Using the short-haul exception when a driver does not actually qualify for it

A single violation can matter. Potentially, a pattern of violations, especially one that lines up with pressure from dispatch or unrealistic delivery schedules, often matters more, because it points to the carrier’s own practices rather than one driver’s bad day.

Preserving Evidence of a Violation

Federal rules generally require carriers to retain records of duty status and supporting documents for at least six months from receipt, 49 C.F.R. § 395.8[2], which is one reason early preservation efforts can matter. A written preservation request directed to the carrier and other parties or custodians who may possess relevant records can help identify the evidence that should be preserved before ordinary retention periods expire. Our evidence after a truck accident page covers this process in more detail, including how preservation letters work and what an attorney can do once litigation is filed.

How Hours-of-Service Violations Can Support a Negligence Claim

A documented hours-of-service violation can be relevant evidence in a Colorado negligence case, but Colorado law does not treat every federal safety-regulation violation as automatically fitting the negligence per se doctrine. In Canape v. Petersen, 897 P.2d 762 (Colo. 1995)[6], the Colorado Supreme Court held that a federal OSHA violation could not support a negligence per se instruction. In Scott v. Matlack, Inc., 39 P.3d 1160 (Colo. 2002)[7], the court clarified that Canape does not bar federal regulations from being admitted as some evidence of the standard of care in an industry, even where negligence per se itself does not apply[8]. Whether negligence per se applies to a given FMCSA hours-of-service violation depends on the specific rule and the facts of the case. At minimum, the regulation may be relevant evidence of the standard of care and whether the driver or carrier acted reasonably.

A documented hours-of-service violation can support an argument that fatigue risk or scheduling pressure was present, particularly when combined with other evidence such as driver statements, sleep history, dispatch records, or crash circumstances, which speaks directly to whether the driver and the carrier that scheduled them acted with reasonable care.

Colorado generally has a three-year limitations period for motor-vehicle injury claims, C.R.S. § 13-80-101(1)(n)[5], subject to exceptions. If the crash resulted in a death, a different and generally shorter deadline applies: Colorado [8], not the three-year window described above. Contact us promptly so we can confirm which deadline applies to your situation.

Frequently Asked Questions

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

The core federal rules for property-carrying truck drivers limit driving to 11 hours after 10 consecutive hours off duty, use a 14-hour driving window measured from when the driver comes on duty, require a 30-minute break once 8 cumulative hours of driving pass without one, and prohibit driving after 60 hours on duty in 7 days or 70 hours in 8 days. A period of at least 34 consecutive hours off duty can restart that 7- or 8-day period. These rules exist specifically to prevent fatigue-related crashes.

How do I know if hours-of-service violations played a role in my truck accident?
You often will not know until the driver’s logs, ELD data, and supporting records are reviewed. Signs worth flagging early include a crash late at night or in the early morning hours, a driver who appears disoriented or admits to being tired, inconsistencies between the driver’s account and dispatch records, or a driver working for a carrier known for tight delivery windows.
What records show whether a driver violated hours-of-service rules?
Electronic logging device data is the primary record, since it automatically tracks driving time, on-duty status, and location. Supporting documents such as fuel receipts, toll records, dispatch logs, and bills of lading can corroborate or contradict what the ELD shows, which is why both categories of records matter in an investigation.
Can an hours-of-service violation be used against the trucking company, not just the driver?
Often, yes. A pattern of violations can point to pressure from dispatch, unrealistic delivery schedules, or a carrier that failed to monitor compliance, which can support a claim against the motor carrier directly rather than the driver alone. A single violation says less than a pattern does.
What if the driver's logs look compliant but I still suspect fatigue?
Logs can be falsified, and ELD data can be manipulated or affected by malfunctions, though this is harder to do than it was with paper logs. Supporting documents, GPS and telematics data, and witness accounts can sometimes reveal a gap between what the logs show and what actually happened.

Talk to a Colorado Truck Accident Attorney About Hours-of-Service Violations

Hours-of-service violations are often invisible until someone goes looking for them in the logs, the ELD data, and the records the carrier is required to keep. From its Greenwood Village office, Elkus & Sisson, P.C. represents injured drivers and families across Denver, Greenwood Village, Lakewood, Aurora, and Boulder in personal injury matters including truck accident claims, trucking company liability, catastrophic injury, and wrongful death. You can learn more about our attorneys handling these cases.

If you have questions about a truck accident involving a fatigued or overworked driver in Colorado, contact us or call +1 303-567-7981 to schedule a confidential consultation.

Donald Sisson Attorney in Colorado

Donald Sisson

Donald Sisson is an accomplished lead counsel in Denver, CO with many successful outcomes in various areas of practice including complex civil litigation, construction law, real estate litigation, corporate disputes, personal injury, and police defense…
Reid Elkus Attorney in Colorado

Reid Elkus

Reid Elkus’ representation of his clients ranges from individual and small businesses to very large corporations in several areas of the law. Having litigated a vast array of cases in matters including complex security cases, breach of contract, breach of partnership matters…

Sources

[1] 49 C.F.R. § 395.3 -- Maximum Driving Time for Property-Carrying Vehicles | https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.3

[2] 49 C.F.R. § 395.8 -- Electronic Logging Devices | https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.8

[3] 49 C.F.R. § 395.1(e) -- Short-Haul Exception | https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1

[4] Colorado Revised Statutes § 13-21-111 -- Comparative Negligence as Measure of Damages | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-21-111/

[5] Colorado Revised Statutes § 13-80-101(1)(n) -- Three-Year Limitation, Motor Vehicle Actions | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-80-101/

[6] Canape v. Petersen, 897 P.2d 762 (Colo. 1995) | https://law.justia.com/cases/colorado/supreme-court/1995/94sc230-0.html

[7] Scott v. Matlack, Inc., 39 P.3d 1160 (Colo. 2002) | https://law.justia.com/cases/colorado/supreme-court/2002/99sc415-0.html

[8] Colorado Civil Jury Instructions, Chapter 9 -- Negligence, General Concepts, Colorado Judicial Branch | https://www.coloradojudicial.gov/media/19686

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Talk With a Colorado Truck Accident Attorney

If you were injured in a crash involving a commercial truck anywhere in Colorado, contact Elkus & Sisson, P.C., to schedule a consultation. Our Colorado truck accident attorneys can review what happened, discuss the evidence that may be available, explain applicable deadlines, and outline legal options for pursuing compensation for medical expenses, lost income, pain and suffering, and other damages that may be available under Colorado law.

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