A collision involving a commercial truck introduces complexities that go far beyond a standard car accident claim. These cases often involve layers of corporate responsibility and a distinct set of federal safety regulations.
If you suspect driver fatigue played a role in a crash, understanding your situation requires a close look at the rules that govern the trucking industry, particularly the potential for truck hours of service violations in Arizona.
Investigating whether a truck driver or their employer broke federal law helps prove negligence in a personal injury claim. Pursuing a claim holds the responsible parties accountable and helps you secure the resources needed to rebuild.
Key Takeaways for Truck Hours of Service Violations in Arizona
- Federal regulations strictly limit the hours a commercial truck driver can operate a vehicle to prevent fatigue.
- Liability for a fatigue-related crash often extends beyond the driver to the trucking company or other entities.
- Evidence from electronic logging devices (ELDs), GPS data, and company records is crucial for proving a violation.
- Arizona’s comparative negligence law allows you to seek compensation even if you were partially at fault for the accident.
- An attorney’s immediate action can preserve critical evidence before a trucking company alters or destroys it.
A Breakdown of the Federal Hours of Service Rules
The Federal Motor Carrier Safety Administration (FMCSA) creates and enforces hours of service (HOS) regulations for commercial drivers. These rules aren’t suggestions; they’re federal laws designed to protect motorists on our roads from driver fatigue.
When a collision occurs, a lawyer’s investigation often begins with a detailed review of whether the driver and company followed these exact rules.
The 11-Hour Driving Limit and 14-Hour Duty Window
Federal regulations set a firm cap on a driver’s time behind the wheel. A driver carrying property may drive a maximum of 11 hours after 10 consecutive hours off duty. Additionally, those 11 hours of driving must take place within a 14-hour window from when their shift begins.
This 14-hour clock doesn’t stop for breaks, meals, or fuel stops. Once it starts, it keeps running. This rule prevents a driver from extending their workday indefinitely with short breaks. Proving a crash happened after the 14-hour window expired can show clear evidence of negligence.
The 60/70-Hour Weekly Rule
Fatigue builds up over days, not just during a single shift. The FMCSA addresses this with a weekly limit. A driver cannot be on duty for more than 60 hours in seven days or 70 hours in eight days. This rule stops drivers from working back-to-back 14-hour days without a sufficient reset.
A driver can restart their weekly clock only after taking at least 34 consecutive hours off. An attorney can analyze weeks of logs to uncover a pattern of chronic overwork that points toward truck hours of service violations in Arizona.
Required Breaks and Rest Periods
The rules also mandate specific rest. A driver must take a 30-minute break after eight cumulative hours of driving. The core of HOS rules is the requirement of 10 consecutive hours off duty between shifts.
This rest period is meant for sleep and recovery. Records showing frequent interruptions or shorter off-duty periods indicate a driver was not getting the rest the law requires. Proving such violations can establish a direct link between a lack of rest and a subsequent collision.
Identifying Who Is Responsible for the Crash
After a truck accident, people often assume the driver is the only one at fault. In reality, multiple parties can be held accountable for a crash, especially when it involves truck hours of service violations in Arizona.
The Truck Driver’s Accountability
Drivers have a duty to operate their commercial vehicles safely and in compliance with all state and federal laws, including the HOS regulations. If a driver pushes past their legal limits, falsifies their logbook, or gets behind the wheel while fatigued, they acted negligently.
Their decisions directly impact the safety of everyone on Arizona’s roads. Proving their individual negligence is often the starting point of a truck accident claim. However, the investigation doesn’t end there.
Trucking Company Negligence
Trucking companies hold significant responsibility for the actions of their drivers. The law may hold them liable if they create an environment that encourages or pressures drivers to break safety rules.
Examples of company negligence include:
- Unrealistic Schedules: A company may set delivery deadlines that are impossible to meet without speeding or violating HOS rules.
- Improper Logbook Monitoring: The company may fail to audit driver logs for inconsistencies or signs of falsification.
- Pressure and Incentives: A carrier might offer bonuses for early deliveries or punish drivers who take their required rest breaks.
- Negligent Hiring: The company might hire drivers with a known history of safety violations without providing proper retraining or supervision.
- Poor Maintenance: A lack of vehicle upkeep can force drivers to spend more on-duty time dealing with mechanical issues, cutting into their available driving hours.
Other Potential Third-Party Liability
In some cases, other businesses also play a role. A separate logistics or brokerage company might have arranged the shipment and created the tight schedule that played a role in the violation. If a repair shop performed faulty maintenance that caused a delay, that shop might also share some responsibility.
Your legal team can investigate the entire chain of command, from the warehouse that loaded the cargo to the company that scheduled its route. Identifying all responsible parties gives you the greatest opportunity for a full recovery.
How Arizona’s Pure Comparative Negligence Law Applies to Your Claim
While HOS rules are federal regulations, your injury claim itself proceeds under state law. Arizona's pure comparative negligence statute is one of the most important state-level concepts. This rule directly affects how an insurance company or a court assigns fault and calculates compensation.
You can recover damages even if you’re found partially at fault for the accident. For example, if a court determines you were 5% at fault, you can still collect 95% of your total damages.
How Insurers Use This Rule
Insurance companies for trucking companies sometimes try to use this rule to shift as much blame as possible onto you to reduce their payout. They may argue you were speeding, made an improper lane change, or were distracted.
An attorney counters these arguments by using evidence to show that the primary cause of the collision was the truck driver’s fatigue, directly linked to the truck driver’s hours of service violations.
How a Lawyer Helps With Federal Hours of Service Violations in Arizona Truck Accidents
Successfully managing a claim involving truck hours of service violations requires immediate and decisive action. A trucking company and its insurer start their own investigation immediately, aiming to minimize their financial exposure.
Having a lawyer on your side protects your interests and builds a strong foundation for your claim. A dedicated attorney takes specific steps to uncover the truth and demonstrate liability.
Here’s how a lawyer can help:
Immediate Evidence Preservation
Your lawyer will send a spoliation letter to the trucking company demanding that it preserve all relevant evidence. This includes the driver’s logbooks, electronic data, maintenance records, driver qualification file, and post-accident drug and alcohol test results.
This action prevents the company from lawfully destroying records that could prove truck hours of service violations in Arizona.
Analyzing Electronic Logging Devices (ELDs)
Nearly all commercial trucks now use ELDs, which automatically record driving time, engine hours, and vehicle movement. Your attorney can subpoena this data and analyze it for discrepancies.
Cross-referencing ELD data with fuel receipts, GPS logs, and weigh station records often exposes falsified paper logs and HOS violations.
Uncovering Company Pressure
Your legal team can depose company dispatchers, safety managers, and the driver to ask questions under oath. This testimony often reveals a corporate culture that prioritizes profits over safety.
Company emails, text messages, and internal memos can also serve as powerful proof of a company forcing drivers to violate the law.
Calculating Your Total Damages
Your attorney builds a comprehensive claim that accounts for the full value of your losses. A lawyer may work with economic and medical professionals to document all damages.
A complete calculation includes elements such as:
- Current and Future Medical Bills: This documentation covers all costs related to your injuries, from the initial hospital stay to ongoing physical therapy and future care needs. If you suffered a catastrophic injury, your lawyer addresses the lifelong costs.
- Lost Income and Earning Potential: Your lawyer calculates the wages you have already lost and assesses how the injuries may impact your ability to earn a living in the future.
- Pain and Suffering: This component addresses the physical pain and emotional distress you have experienced as a direct result of the collision.
- Diminished Quality of Life: This value accounts for the ways the injuries have affected your ability to participate in and enjoy daily activities.
Communicating With All Parties
Your attorney manages all communication with the trucking company, its lawyers, and its insurance adjusters. This lets you focus on your recovery without the stress of constant phone calls and settlement pressure.
They handle negotiations and advocate for a resolution that fully addresses the harm caused by the truck driver’s hours of service violations.
FAQ for Federal Hours of Service Violations in Arizona Truck Accidents
What Are the Most Common Signs of a Fatigued Truck Driver?
A lawyer investigates for telltale signs of driver fatigue leading up to a crash. Common examples include:
- Witness Observations: Statements from other motorists may describe the truck drifting between lanes, driving at inconsistent speeds, or making erratic movements.
- Lack of Evasive Action: Accident reconstruction often reveals that a fatigued driver didn’t attempt to brake or swerve before impact.
- Time of Day: Many fatigue-related accidents happen late at night or during the pre-dawn hours when the body’s natural circadian rhythm promotes sleep.
- Driver’s Statements: Sometimes a driver admits to feeling tired to law enforcement at the scene. This admission will appear in the official police report.
How Does an Arizona Truck Accident Lawyer Prove a Truck Driver Falsified Their Logbook?
Proving logbook falsification requires a deep dive into electronic data and other records. An attorney compares the driver’s logs to objective, verifiable data. Discrepancies between what the log says and what the data shows can reveal alterations.
Evidence that exposes falsified logs can include:
- GPS Data: The truck’s GPS system provides a timestamped record of its location, which a lawyer can use to confirm or deny the log’s accuracy.
- Fuel and Toll Receipts: The time and location on receipts create a timeline of the truck’s movement that must match the driver’s logbook.
- Bills of Lading: Shipping documents show pickup and delivery times, which help confirm when a driver was on duty.
- Electronic Logging Device (ELD) Data: This digital record is much harder to alter than paper logs and is often the most reliable source of a driver’s activity.
Can Both the Driver and the Company Face Consequences for Truck Hours of Service Violations in Arizona?
Yes, both the driver and their employer may be held responsible for federal violations. The driver is accountable for their negligent actions in operating the truck. The trucking company can also be held liable for its own negligence in supervising the driver, setting unsafe schedules, or creating a culture that disregards safety regulations.
What if the Trucking Company Offers Me a Quick Settlement?
Always view an early settlement offer with caution. Insurance companies for trucking lines often make a quick, low offer to resolve a claim before the full extent of your injuries and losses becomes clear.
Accepting it also means you forfeit your right to seek further compensation. Before you accept any offer, it benefits you to have an experienced attorney review it and advise you on whether it fairly covers your long-term needs.
How Does GPS Data Help in a Truck Accident Investigation?
GPS data is a powerful tool in a truck accident investigation because it is objective and difficult to manipulate. It provides a second-by-second record of the truck’s speed, location, and travel direction.
Your attorney can use this data to reconstruct the accident sequence, pinpoint the location of the collision in areas like Phoenix or on rural highways, and, most importantly, verify the driver's hours of service logs.
If the GPS shows the truck moving when the logs claim the driver was resting, it creates powerful proof of a violation.
Let Us Build Your Truck Accident Case
When it comes to truck hours of service violations in Arizona, the case rests entirely on objective evidence. Records from electronic logging devices, GPS trackers, fuel receipts, and internal company communications tell the true story of a driver’s schedule and their employer’s priorities.
Your recovery depends on gathering and correctly interpreting this information, and the team at Gallagher & Kennedy acts swiftly to preserve and analyze these crucial pieces of data before they disappear.
If you’ve been injured in a collision with a commercial truck, let Gallagher & Kennedy handle the complexities of your claim. Call us for a free consultation at (602) 530-8400 to learn how we can help.