Hours-of-Service Violations in Colorado

One of the most important laws that truck drivers in Colorado must follow is the hours-of-service regulation. This law restricts how long a trucker can drive without taking rest breaks, and is in place to reduce the risk of drowsy driving truck accidents. If a driver is guilty of an hours-of-service violation and this results in a crash, the victim has the right to hold someone responsible.

A Fort Collins truck accident lawyer can help victims build a strong case by investigating the violation, gathering evidence, and pursuing justice against the negligent driver or trucking company.

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What Are the Federal Hours-of-Service Regulations?

Commercial motor vehicles must abide by many federal rules and regulations to help ensure the safety of the transportation industry. As “common carriers,” large trucks must obey these rules, which are enforced by the Federal Motor Carrier Safety Administration. The hours-of-service (HOS) regulation is one of these federal laws, and it applies to people who operate common carriers.

Colorado truck drivers are subject to HOS laws any time they are on-duty. A summary of these laws is as follows:

• 11-hour driving limit: commercial drivers may only drive up to 11 hours after 10 consecutive hours off-duty.
• 14-hour maximum: no driver can drive after the 14th consecutive hour on-duty, even if the 11-hour driving limit has not been met. These 14 hours include breaks.
• Rest breaks: after eight cumulative (not necessarily consecutive) hours of driving, a driver must take at least a 30-minute rest break.
• Weekly limit: commercial drivers are limited to a maximum of 60 hours on-duty in seven consecutive days or 70 hours on-duty in eight consecutive days.

There are also rules regarding when a commercial truck driver must use the sleeper berth. If using a sleeper berth, a driver must spend at least eight consecutive hours in the berth plus an additional two hours off-duty (in the berth or not). Violating any of these HOS rules increases the risk of a truck accident caused by driver fatigue.

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How Big Is the Risk of Drowsy Driving?

According to the National Highway Traffic Safety Administration, 693 people died in drowsy-driving-related car accidents in 2022. However, the real number could be much higher, as fatigue is difficult to identify as the cause of a crash when the at-fault driver does not survive.

Truck drivers are more likely to suffer from fatigue due to the circumstances and pressures of their jobs. Long hours on the road, solo drives, reversed sleeping schedules, sleeping in uncomfortable sleeper births and health problems such as sleep apnea can all contribute to truck driver drowsiness.

Violations of the HOS laws can occur due to trucking companies or employers pressuring their commercial drivers to make deliveries faster. A truck driver may exceed the 11-hour driving limit to meet a tight delivery schedule, for example, or skip required rest breaks.

Seeking Compensation for Truck Accidents Caused By Hours-of-Service Violations in Colorado

f a truck accident takes place in Colorado and an investigation finds that truck driver drowsiness or fatigue is most likely the cause, injured victims have the right to seek financial compensation. A claim could be brought against the trucking company for the actions of its driver. The trucking company may also be directly liable if there is proof that it pressured the driver to violate HOS laws.

Evidence in a drowsy driving truck accident case could include driver logs and the truck’s black box information. Although truck drivers are required to keep electronic logs of their hours, they may falsify the information or forget to correctly log their hours. This can be used as important evidence during a personal injury case.

If you or a loved one has been injured in an accident caused by a drowsy commercial driver in Colorado, contact Cannon Law for a free consultation with a Fort Collins truck accident lawyer. We can help you search for evidence of an hours-of-service violation and seek fair financial compensation for your losses.

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Sam Cannon

Sam Cannon is a dedicated personal injury attorney representing individuals against large corporations and insurance companies. As the founder of Cannon Law, he has helped clients recover over $10 million in settlements and verdicts, focusing on traumatic brain injury and insurance bad faith cases.

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