The short answer: Under federal law, a commercial truck driver can drive up to 11 hours in a day, but only within a 14-hour window and only after taking 10 consecutive hours off duty. When a driver or trucking company violates hours-of-service rules and a crash follows, that violation can help establish negligence. In Georgia, you generally have two years to file a personal injury claim.
Getting hit by a large truck is frightening. What follows can feel just as heavy. Serious injuries, a stack of medical bills, and hard questions about how the wreck happened at all. If a tired trucker caused your crash near Marietta, one of the first questions worth answering is how many hours that driver was actually allowed behind the wheel. The Persons Firm is here to help you find the answers.
In this article, our Marietta Truck Accident lawyer discusses:
– How many hours a truck driver can drive in a day
– The weekly limits truck drivers must follow
– How electronic logging devices track a driver’s hours
– How an hours-of-service violation can prove negligence
– Who can be held liable after a fatigued driver crash
How Many Hours Can A Truck Driver Drive In A Day?
A commercial truck driver can drive a maximum of 11 hours during the 14-hour period, and only after taking 10 consecutive hours off duty. No driver may drive more than 11 cumulative hours following 10 consecutive hours off duty. The Federal Motor Carrier Safety Administration (FMCSA) sets these limits to reduce driver fatigue, one of the leading causes of serious truck crashes.
The 11-hour cap isn’t the whole picture. Under the 14-hour “driving window,” a driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty, and may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty. Even if a driver stops for lunch, driving must stop once 14 hours have elapsed from the start of the shift. Drivers must also take a 30-minute break after driving for eight cumulative hours without at least one 30-minute interruption.
When a trucking company pushes drivers past these limits to make a deadline, everyone on the road pays the price.
What Are The Weekly Limits For Truck Drivers?
Weekly caps apply too. A driver may not drive after accumulating 60 hours of on-duty time within seven consecutive days, or 70 hours within eight consecutive days, depending on whether the carrier operates every day of the week.
These rolling limits exist to prevent the cumulative exhaustion that builds up over long hauls. A driver who looks “legal” on any given day can still be dangerously worn out by the end of a grueling week.
How Do Electronic Logging Devices Track A Driver’s Hours?
Electronic logging devices, or ELDs, automatically record a driver’s hours of service. Federal regulation at 49 CFR 395.8(a)(1)(i) requires motor carriers operating commercial vehicles to install and require each of their drivers to use an ELD to record the driver’s duty status. That makes hiding a violation much harder than it was in the paper log era.
A truck driver logbook violation, whether falsified entries, missing records, or “off the books” driving, is a major red flag in any crash investigation. No driver or motor carrier may disable, disengage, or otherwise tamper with an ELD in a manner that prevents the device from accurately recording required data. A carrier may also not coerce a driver into providing a false certification, and it must not alter or erase the original hours-of-service data. When the records don’t add up, they often point straight to fatigue.
Injured by a truck driver who may have been over their limit? We are here to help. Call [Phone] for a free consultation.
How Does An Hours-of-service Violation Prove Negligence In A Truck Accident?
An hours-of-service violation can be powerful evidence of negligence because it shows a driver or company broke a safety rule meant to protect the public. In a Georgia injury case, you generally have to show that someone owed you a duty of care, breached it, and caused your injuries. Driving past the federal limits is a clear breach of that duty.
Fatigue and distraction often travel together. A drowsy driver reacts more slowly and may reach for a phone to stay alert, which is why a distracted driver truck accident and an hours-of-service violation often show up in the same case. ELD data, dispatch records, and phone logs can help tell the full story.
Who Can Be Held Liable For A Fatigued Truck Driver Crash?
Both the driver and the trucking company can be held liable after a crash caused by a fatigued driver. The driver may be responsible for the choice to keep going. The company may share fault for setting impossible schedules, ignoring the logs, or pressuring drivers to skip required rest.
Georgia follows a modified comparative negligence approach. A jury determines each party’s percentage of fault, and your recovery is reduced by your share of the blame; however, you cannot recover any damages if you are 50% or more responsible for the injury or damages claimed. Because evidence like ELD data can disappear quickly, it’s wise to reach out soon.
Frequently Asked Questions About Truck Driver Hours Of Service
How many hours can a truck driver drive in a day?
A truck driver can drive up to 11 hours in a day, but only after 10 consecutive hours off duty and only within a 14-hour window. Driving is limited to 11 cumulative hours following 10 hours off duty, and no driving is allowed after the 14th hour of the shift.
What is a truck driver logbook violation?
It’s any failure to accurately record hours of service, such as false entries, missing logs, or tampering with an electronic logging device. Drivers and carriers are prohibited from tampering with an ELD to prevent it from accurately recording required data. These violations often reveal that a driver was on the road longer than the law allows.
How long do I have to file a truck accident claim in Georgia?
In Georgia, actions for injuries to the person shall be brought within two years after the right of action accrues. Acting sooner also helps preserve key evidence, such as ELD data and driver logs.
What if I were partly at fault for the crash?
Under Georgia’s comparative negligence rule, you can still recover as long as you are less than 50% at fault, though your compensation is reduced by your percentage of fault. An attorney can help push back against unfair blame.
How much does it cost to talk to a lawyer?
Your consultation with The Persons Firm is free with no obligation. We’re glad to hear what happened and walk through your options.
We Are Here To Help
After a truck accident, you shouldn’t have to untangle federal trucking regulations on your own while you’re trying to heal. Our attorneys at The Persons Firm can request ELD data, driver logs, and company records to determine whether an hours-of-service violation contributed to your crash.
Serving Marietta and the surrounding areas, we’re ready to guide you through every step. Contact The Persons Firm today. We are here to help. Call [Phone] for a free consultation.