Hours of Service Violations and Truck Accidents in California: Protect Your Rights

Understanding Hours of Service Violations and Truck Accidents in California

The Federal Motor Carrier Safety Administration (FMCSA) is the primary federal agency responsible for regulating the trucking industry. The FMCSA enforces a wide range of regulations that all trucking companies and employers that employ commercial truck drivers must follow, including rules pertaining to drivers’ hours of service.

Put simply, truck drivers must adhere to scheduling requirements meant to limit the risk of fatigued driving accidents. It’s an unfortunate reality that many drivers neglect hours of service regulations in their efforts to complete deliveries more quickly, and some employers in the trucking industry are lax in enforcing these regulations because faster deliveries typically result in greater profitability for these companies.

The National Safety Council reported that in 2024, there were 5,218 large trucks involved in fatal accidents and 120,724 involved in injury crashes nationwide. Whenever a large commercial truck is involved in an accident with a smaller passenger vehicle, the occupants of that smaller vehicle are at significantly greater risk than the truck driver of suffering severe injuries.

If you are hurt in this type of crash, you’ll need to hire a truck accident lawyer to help build your case. While many truck crashes result from driver negligence and the common causes of other accidents, some result from trucking industry regulation violations, but you may not know how to prove this in your case. If a truck driver violated hours of service rules and caused an accident because of fatigued driving, your attorney will know how to establish fault for the accident.

Proving Liability for a Truck Accident in California

California uses a fault-based system to resolve all vehicle accident cases, meaning if you believe that another party is responsible for causing your recent accident, you need to hire a truck accident lawyer to help you establish fault before you can claim any compensation for your damages.

When your accident resulted from an hours of service violation, your California truck accident attorney will know how to secure the evidence you need to prove this. Vehicle computer data, trucking company records, driver logs, and other types of evidence could be crucial for proving exactly how the accident happened. The driver may be liable for causing a fatigued driving accident, but their employer may share fault for the resulting damages.

If you prove that an hours of service violation contributed to your accident, your attorney can help you claim compensation for the economic and non-economic damages you suffered. However, the trucking company could be forced to pay punitive damages and face additional penalties to reflect their negligence. Your attorney can explain how any such details may influence the total amount of compensation you receive for the accident.

Ultimately, navigating the legal aftermath of a commercial truck accident is almost always more challenging than resolving a standard passenger vehicle accident case involving private parties. You need an attorney who understands hours of service regulations in the trucking industry to help you build your case. Reach out to Bentley & More LLP as soon as possible to learn more about our legal services and how we can help with your recovery.

FAQs

How Long Can a Truck Driver Work in a Day?

The time a truck driver can work in a day depends on their work schedule for the week and how much time they have off duty before their driving shift begins. Generally, the FMCSA states that a truck driver may drive for no more than 11 hours following ten consecutive hours off duty. This is just one example of the rules for truck drivers’ hours of service, and there are different rules for property-carrying drivers and passenger-carrying drivers.

Is an Employer Liable for a Truck Driver’s Hours of Service Violation?

An employer could be held liable for a truck driver’s hours of service violation. Employers are expected to enforce these rules and have tools to track their drivers’ hours of service. Note that a company does not need to have provable direct knowledge of a violation to be liable; if they do not have the proper tools in place that would have notified them of the violation, this is enough for them to face liability.

How Do You Prove That Hours of Service Regulations Were Violated?

Proving that hours of service regulations were violated may require evidence that only a skilled California truck accident attorney will be able to obtain for you. Your attorney may seek the trucking company’s records and proof that they were tracking their drivers’ hours of service. Truck black-box data can also show how long the vehicle had been operating, which can also help prove that a driver violated hours of service regulations.

Why Should I Hire a Truck Accident Lawyer?

You should hire a truck accident lawyer because this type of case is inherently challenging in several ways, and the right attorney on your side dramatically improves your chances of reaching a favorable outcome in your case. Your attorney will know how to prove liability for the accident, what damages you are eligible to claim, and how to resolve any disputes regarding liability for the accident and your damages.

Speak to Our Truck Accident Lawyer

The personal injury attorney at Bentley & More LLP has years of proven experience handling a wide range of complex vehicle accident cases, including those pertaining to commercial vehicles. When it comes to hours of service violations and truck accidents in California, it’s crucial to hire legal counsel who has proven experience handling cases like yours. Contact us today and schedule a free consultation with a California truck accident attorney to learn how we can help.

About the author: Greg Bentley

Co-Founder & Trial Lawyer at Bentley & More LLP

Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.

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