Understanding Hours-of-Service (HOS) Laws and How They Affect Your Texas Truck Accident Case
When you’re sharing the road with an 80,000-pound semi-truck, safety depends on one critical factor: whether the truck driver is alert and well-rested. Fatigue is one of the leading causes of trucking accidents in the United States, and understanding how long a truck driver can legally drive is essential if you’ve been injured in a truck crash. At Orange Law Firm, our Texas truck accident attorneys — led by Attorney Karan Joshi — regularly handle complex trucking cases where the driver’s hours and fatigue play a key role in determining liability.
The Federal Motor Carrier Safety Administration (FMCSA) has created a set of rules known as the Hours-of-Service (HOS) regulations. These rules determine how long a commercial truck driver can be on duty, how many hours they can drive, and when they must rest. Violating these limits not only endangers lives but also creates strong legal grounds for victims to claim compensation after a collision. Understanding the nuances of these rules helps injured Texans hold negligent drivers and their employers accountable.
The Federal Hours-of-Service (HOS) Rules
Under federal law, the Hours-of-Service rules apply to most commercial motor vehicle (CMV) drivers operating in interstate commerce. These laws are designed to reduce fatigue and ensure public safety. The most important limits are the 11-hour driving rule and the 14-hour workday window.
A truck driver may legally drive a maximum of 11 hours after taking 10 consecutive hours off duty. This rule prevents drivers from spending more than half a day behind the wheel without a proper break. However, there’s also a 14-hour limit that governs the total time a driver can be on duty. Once a driver begins their workday — which includes any on-duty activities such as loading cargo, inspecting the truck, or waiting at terminals — they cannot continue driving after 14 consecutive hours. Even if part of that time is spent resting or waiting, the 14-hour clock doesn’t stop running.
For example, if a trucker starts their shift at 7:00 a.m., their legal driving period ends at 9:00 p.m., regardless of how much of that time was spent driving or waiting. If they continue to drive after that period, they are in violation of the FMCSA’s HOS rules.
The Mandatory 30-Minute Break Rule
Federal law also requires that after 8 cumulative hours of driving, the driver must take at least a 30-minute break. The break can be off duty, in the sleeper berth, or even on duty but not driving. This requirement is designed to ensure the driver has a chance to rest before fatigue sets in. However, it’s important to understand that this break does not reset the 14-hour limit. A driver could technically comply with the 30-minute break rule while still violating the 14-hour on-duty rule.
Many accidents occur because truckers skip these required breaks or falsify their electronic logs. At Orange Law Firm, Attorney Karan Joshi and his legal team carefully review the driver’s Electronic Logging Device (ELD) data to identify violations of the 8-hour or 14-hour limits, which can provide powerful evidence of negligence in a personal injury claim.
The 60/70-Hour Rule and the 34-Hour Restart
Beyond daily limits, the FMCSA restricts how many hours a truck driver can work over several days. A driver may not drive after accumulating 60 hours on duty in 7 consecutive days, or 70 hours on duty in 8 consecutive days, depending on the carrier’s operating schedule. This “rolling” schedule ensures that drivers get sufficient rest over a week’s time.
To reset their workweek, drivers can take a 34-hour restart — meaning they must spend 34 consecutive hours off duty before beginning a new 7- or 8-day cycle. If they don’t take this extended rest, they may exceed the weekly limits and operate illegally. Violations of this rule are common, particularly when trucking companies impose unrealistic delivery deadlines. When a fatigued driver exceeds these limits and causes an accident, it opens the door to liability claims against both the driver and the company.
Sleeper Berth and Split Rest Options
Truckers often live out of their vehicles for days or weeks at a time. The sleeper berth provision allows drivers to rest in the truck’s built-in sleeping area to satisfy their off-duty requirement. To meet the 10-hour rest rule, the time can be split into two segments — one of at least 7 hours in the sleeper berth and another of at least 2 hours either off duty or in the berth — as long as both total at least 10 hours.
This flexibility helps drivers manage long hauls while still remaining compliant, but it can also lead to confusion and accidental violations. Some drivers incorrectly log their sleeper berth time, resulting in records that show compliance when, in reality, they exceeded their driving limits. For accident victims, these technicalities can be crucial in proving negligence.
At Orange Law Firm, we examine these sleeper berth records and cross-check them against GPS and delivery logs. In many Texas truck accident cases, discrepancies in the driver’s logbooks reveal that fatigue likely played a major role in causing the crash.
Exceptions to the Hours-of-Service Rules
There are limited exceptions to the HOS regulations. One common one is the adverse driving conditions exception, which allows drivers to extend both their driving time and on-duty time by up to 2 hours if they encounter unexpected conditions like severe weather, traffic accidents, or road closures. However, this exception applies only when the conditions are truly unforeseeable and beyond the driver’s control.
Another exception applies to short-haul drivers who operate within a 150 air-mile radius of their work location. These drivers may be exempt from certain HOS logging requirements as long as they return to their reporting location and do not exceed a 14-hour duty window. In Texas, certain intrastate (within-state) trucking operations also have modified rules that may allow slightly longer on-duty hours under the Texas Department of Public Safety (DPS) regulations.
However, most serious truck crashes in Texas involve interstate carriers that are subject to federal FMCSA rules. This means fatigue-related violations are governed by federal law — and evidence of those violations can make or break a case in court.
How HOS Violations Affect Texas Truck Accident Claims
When a truck driver exceeds their allowed driving hours, the consequences extend far beyond regulatory fines. In civil law, these violations are strong evidence of negligence. Fatigue can slow reaction time, impair judgment, and increase the risk of catastrophic collisions. Under Texas law, truck drivers and their employers owe a duty of care to other motorists on the road. When they violate federal safety regulations, they are breaching that duty.
In a personal injury claim, this breach can be used to establish liability. Evidence that the driver was over hours or falsified logs can show that fatigue caused or contributed to the crash. Moreover, the trucking company may also be liable under the theory of negligent supervision or negligent scheduling if it failed to monitor driver compliance or pressured the driver to meet impossible delivery deadlines.
In particularly egregious cases — for example, if the company knowingly encouraged drivers to break HOS rules — the court may award punitive damages to punish and deter such reckless behavior. At Orange Law Firm, Attorney Karan Joshi routinely investigates ELD data, dispatch records, and safety logs to uncover these violations and maximize compensation for our clients.
Investigating Hours-of-Service Violations
A successful truck accident claim often hinges on evidence. To determine whether an HOS violation occurred, attorneys must gather and analyze a range of records. This includes the driver’s electronic logging device data, paper logs, dispatch schedules, weigh station reports, GPS data, and fuel receipts. These records can reveal whether the driver exceeded the 11-hour limit or worked beyond the 14-hour duty window.
At Orange Law Firm, our legal team frequently sends spoliation letters immediately after a trucking accident. These letters require the trucking company to preserve key evidence like ELD data, onboard camera footage, and maintenance logs. Delaying action can allow crucial data to be overwritten or destroyed — which is why contacting an attorney early is essential.
We also work with accident reconstruction experts and former FMCSA compliance officers who can interpret driving logs and identify violations that might not be obvious at first glance. This comprehensive approach ensures that every potential HOS violation is documented and used effectively during settlement negotiations or trial.
Federal vs. Texas Intrastate HOS Rules
While federal HOS rules apply to interstate trucking, Texas has slightly different regulations for intrastate drivers (those who operate entirely within the state). Under Texas Administrative Code Title 37, Part 1, §4.12, drivers can drive up to 12 hours after 8 consecutive hours off duty, and can be on duty for up to 15 hours in a shift, with a limit of 70 hours on duty in 7 days.
However, once a driver crosses state lines — or if the goods being transported are part of interstate commerce — the federal HOS rules apply. Many trucking companies in the Houston, Harris County, and Fort Bend area operate across state borders, meaning federal regulations almost always control.
The distinction is critical because some defense attorneys may try to argue that a driver was operating under intrastate exemptions to justify longer driving hours. Our attorneys at Orange Law Firm are skilled at dissecting these defenses and proving which set of rules truly applies.
The Legal and Financial Impact of Violations
From a legal standpoint, a driver or carrier that violates HOS rules faces serious regulatory penalties, including fines, out-of-service orders, and possible license suspension. But the civil consequences are even more significant. When an HOS violation contributes to a crash, it can dramatically increase the value of a personal injury settlement or verdict.
In civil litigation, this evidence can support a negligence per se argument — meaning the violation of a safety regulation is presumed to be negligent. Even if fatigue isn’t directly proven, a violation of the HOS limits suggests the driver was too tired to drive safely. Juries respond strongly to evidence showing a trucking company prioritized profit over safety, often resulting in larger awards for victims.
At Orange Law Firm, we leverage this information to build a comprehensive damages case that covers medical expenses, lost wages, pain and suffering, and future care needs. Our goal is to hold every responsible party accountable — including the driver, the carrier, and, in some cases, the shipping company that enforced unrealistic delivery schedules.
Common Scenarios and Real-World Examples
To understand how these laws play out, imagine a truck driver who starts work at 6:00 a.m., drives for six hours, rests for an hour, then drives for another six hours. Even though the total shift is 13 hours, the driver has exceeded the 11-hour driving limit, which is an HOS violation. If that driver causes an accident at 7:30 p.m., fatigue may be a direct factor, and that violation becomes central to the victim’s case.
In another example, a driver may technically drive only nine hours but do so within a 15-hour duty period, which violates the 14-hour window rule. These nuanced violations often go unnoticed until an experienced Texas truck accident lawyer investigates.
Finally, consider a trucking company that assigns weekly routes requiring a driver to log 75 on-duty hours without a 34-hour restart. This systemic violation shows company-level negligence. Proving such patterns can lead to significant punitive damages for victims.
How Orange Law Firm Builds Strong Truck Accident Cases
At Orange Law Firm, led by Attorney Karan Joshi, we combine regulatory knowledge with aggressive legal strategy. Our approach includes a detailed review of HOS compliance, reconstruction of the driver’s timeline, and expert testimony on fatigue-related behavior.
We also examine whether the trucking company had a history of HOS violations by checking FMCSA records and safety audits. Carriers with repeated violations often demonstrate a culture of negligence, which strengthens a plaintiff’s case in both negotiations and court.
Our firm represents clients across Houston, Harris County, Sugar Land, Baytown, and the entire state of Texas. Whether you were hit on I-10, Highway 59, or a rural Texas road, we bring the same level of dedication to uncovering the truth and securing justice for every client.
What to Do After a Truck Accident
If you’ve been injured in a crash involving a commercial truck, the steps you take immediately afterward can make or break your claim. First, seek medical attention right away — even if you feel fine. Some injuries, especially from high-impact collisions, may not appear immediately. Next, try to document everything: photographs of the scene, license plates, truck markings, debris, and witness information.
You should also contact an experienced Houston truck accident lawyer as soon as possible. At Orange Law Firm, we will handle all communications with the trucking company and insurance adjusters, ensuring that your rights are protected. We send preservation letters to prevent critical evidence from being deleted and begin investigating whether the driver exceeded the legal driving limits.
Remember, trucking companies have teams of lawyers and insurance agents ready to protect their interests within hours of an accident. You deserve the same level of protection — and that’s where Orange Law Firm steps in.
Why HOS Rules Matter to You
You may wonder why the number of hours a truck driver can drive matters in your specific case. The answer is simple: it determines liability and affects compensation. A fatigued driver is a dangerous driver. If a trucker or their employer violates HOS rules, it’s evidence that they put profit before safety. This can help your attorney build a stronger case for negligence and potentially increase the settlement value of your claim.
By proving that the driver broke the law, you shift the burden to the trucking company to explain their unsafe practices. In Texas, where large commercial vehicles frequently travel across busy routes like I-45 and I-35, these violations occur far too often. Every year, hundreds of Texans suffer life-changing injuries in fatigue-related truck crashes that could have been prevented with proper rest and com
