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Truck Driver Fatigue and Hours-of-Service Violations

Short answer: Federal rules limit interstate truck drivers to 11 hours of driving within a 14-hour window after 10 consecutive hours off, with weekly limits of 60 hours in 7 days or 70 in 8. Violations are proven through electronic logging device records cross-checked against fuel receipts, weigh station data, GPS and delivery records — and pressure from the carrier is frequently the underlying cause.

The rules in plain terms

  • 11-hour driving limit after 10 consecutive hours off duty.
  • 14-hour window. Driving is not permitted beyond the 14th consecutive hour after coming on duty, regardless of breaks taken.
  • 30-minute break required after 8 cumulative hours of driving.
  • 60/70-hour limit over 7 or 8 consecutive days, resettable with 34 consecutive hours off.

Why fatigue is treated as seriously as impairment

Research on sustained wakefulness has repeatedly found that going without sleep produces performance deficits comparable to meaningful blood alcohol concentrations — degraded reaction time, impaired judgment, and reduced attention. Add microsleeps, brief involuntary lapses the driver may not notice, and an 80,000-pound vehicle can travel the length of a football field with nobody effectively at the controls.

How a violation gets proven

Electronic logging devices made falsified paper logs much harder, but ELD data is only the starting point. It gets cross-checked against:

  • Fuel purchase receipts with timestamps and locations.
  • Weigh station and toll records.
  • GPS and telematics data.
  • Delivery and dispatch records showing pickup and drop times.
  • Cell phone records establishing location.

When the log says a driver was in a sleeper berth and a fuel receipt puts the truck 200 miles away, the log is wrong and the reason it is wrong becomes the case.

The carrier is usually the real defendant

Drivers rarely exceed hours for their own amusement. Dispatch schedules that cannot be met legally, detention time at shippers that eats the clock, and pay structures that reward miles over safety all push drivers past the limits. Where a carrier set an impossible schedule, ignored violation patterns, or pressured a driver to keep going, the claim runs directly against the company — negligent supervision and retention rather than mere vicarious liability. That distinction matters, because direct negligence claims can support a different damages posture than vicarious ones.

Frequently asked questions

How do I know if the driver was over hours?

You will not, initially. It comes out through preservation demands and discovery of ELD records and supporting documents — which is why acting early matters so much.

What if the driver was within the limits but still tired?

Compliance is not a defense to negligence. A driver who knew or should have known he was too impaired to drive safely can still be liable, and so can a carrier that knew about it.

Do these rules apply to intrastate Louisiana drivers?

Louisiana adopts rules for intrastate carriers that broadly track the federal scheme, with some differences. Whether federal or state rules apply depends on the nature of the operation.

How long are these records kept?

Retention periods vary by document type and some are as short as six months. This is the core reason a preservation letter needs to go out within days of the crash.

Talk to a Louisiana injury attorney

Kervin Law LLC is a plaintiff-only personal injury firm in Folsom, Louisiana, led by
David D. Kervin, Jr.. We represent people across St. Tammany, Tangipahoa and Washington Parishes.
Free consultation, no upfront cost, and no fee unless we win. Call (985) 888-0640.

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