When a commercial truck crash happens, the consequences for victims can be devastating—serious injuries, burdensome medical bills, lost wages, and long‑term effects on quality of life. In a personal injury claim that stems from a trucking accident, proving fault and causation is essential. One factor that frequently plays a critical role in these cases is a violation of federal hours‑of‑service (HOS) regulations governing truck drivers.
Harris & Hart Attorneys at Law, based in Overland Park, Kansas, represents clients throughout all of Kansas and Missouri in personal injury cases, including those involving trucking accidents. With extensive experience handling claims where driver fatigue, hours-of-service violations, and commercial vehicle negligence contribute to serious injuries, the firm helps clients understand their rights and pursue fair compensation.
Their attorneys focus on providing clear guidance, advocating aggressively for injured victims, and gathering the evidence needed to support personal injury claims, from accident reports to expert testimony. For anyone dealing with the aftermath of a truck crash, Harris & Hart offers the legal experience and support necessary to address the unique challenges these cases present.
Here, they’ll examine how HOS violations contribute to trucking accidents, how they impact personal injury claims, and what injured parties should know when seeking compensation after a truck crash in Kansas or Missouri.
What Are Hours‑of-Service Regulations?
The federal rules for the trucking industry—including those issued by the Federal Motor Carrier Safety Administration (FMCSA)—place limits on how long commercial motor vehicle drivers may drive, how much rest they must take, and how many consecutive days they may be on duty. These hours‑of‑service regulations were adopted to reduce driver fatigue and improve highway safety.
For example, a property‑carrying truck driver may be prohibited from driving more than 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty following that rest, must take a 30‑minute break after eight cumulative hours of driving, and may not exceed 60/70 hours on duty in 7/8 consecutive days without a 34‑hour restart.
Such regulations matter in a personal injury claim because when they’re violated, the risk of harm increases—and proof of such violations can strengthen your case by showing negligence or recklessness on the part of the driver or carrier.
How HOS Violations Increase Crash Risks
Violations of hours‑of‑service regulations raise the risk of trucking accidents in several important ways: driver fatigue, slowed reaction times, impaired decision‑making, oversight failures, and pressure to meet aggressive delivery schedules all combine to create danger on the road.
Driver fatigue is often compared to driving under the influence because a fatigued driver may have slower reaction times and impaired judgment. In the context of a personal injury claim, this means that a driver or trucking company that fails to abide by HOS rules may be held liable for the resulting harm.
Common Hours‑of‑Service Violations and How They Occur
Below are some of the typical forms of HOS violations and how they can set the stage for serious truck accidents:
A truck driver exceeds the 11‑hour driving limit in a 14‑hour on‑duty window.
A driver doesn’t take the mandated 30‑minute break after eight hours of driving.
A driver exceeds the 60/70‑hour weekly on‑duty limit without taking the required 34‑hour off‑duty restart.
Logbooks or electronic logs are falsified or manipulated to hide the violation of HOS limits.
Trucker schedules and carrier pressure leave no margin for rest, breaks, or safe driving time—leading to decision fatigue or microsleeps behind the wheel.
In a personal injury case, demonstrating one or more of these violations provides a clear connection between the unsafe condition and the crash that caused your injuries.
How Hours‑of‑Service Violations Can Affect Personal Injury Claims
In personal injury lawsuits arising from truck crashes, the presence of HOS violations can have a significant impact on both liability and damages. Here are several ways they matter:
Negligence per se: When a driver or carrier violates a safety regulation designed to protect the public, that violation may be treated as negligence as a matter of law. Thus, showing an HOS violation can simplify proving negligence in a trucking accident claim.
Causation of the crash: If fatigue, slowed reaction, or impaired judgment resulting from excessive driving hours can be tied to the crash mechanics, your personal injury claim strengthens. For example, a jackknife or rollover accident may be caused by driver fatigue.
Higher severity of injuries: Truck accidents involving fatigued drivers tend to result in more severe harm—multiple vehicles, greater force, and catastrophic injuries. In a personal injury claim, these factors may lead to higher damages.
Carrier liability: When carriers pressure drivers, fail to monitor compliance, or permit falsified logs, they may be held liable. In a personal injury context, this means you may have multiple parties to plead against (driver and trucking company).
Evidence & discovery: HOS violations often leave a trace—ELD records, logbooks, dispatch records, company policies, driver schedules. Gathering that evidence helps a personal injury attorney build a stronger case.
Evidence Collection: What Injured Parties Should Focus On
In a personal injury claim following a truck accident, gathering evidence of hours‑of‑service violations is key. Some of the critical items to seek include:
Electronic Logging Device (ELD) records showing driving hours, off‑duty time, and logs.
Driver’s logbooks (paper or backup), which may show falsification or missing data.
Dispatch schedules and load assignments showing tight deadlines or unrealistic hauls.
Company policies or communications illustrating carrier pressure on drivers to exceed hours.
Maintenance or inspection reports indicating previous violations and safety culture problems.
Witness statements, video footage, surveillance, and crash scene photos showing signs of fatigue (e.g., lane drift, parts of the road missed, sudden braking).
Medical and fatigue‑related expert testimony demonstrating how excessive hours contributed to impairment.
Having a personal injury attorney experienced in truck crash litigation can help collect and analyze this evidence so that the violation of HOS regulations plays a meaningful role in your claim.
Challenges and Pitfalls in Building an HOS‑Related Personal Injury Case
While hours‑of‑service violations present a strong basis for personal injury claims, injured parties must be aware of common hurdles:
Trucking companies may attempt to hide violations by altering logs, tampering with ELDs, or deleting records.
Proving fatigue causation is often more challenging than proving hours‑of‑service violation alone. You may need expert testimony to link fatigue, driving decisions, and the crash sequence.
Some carriers and drivers will argue driver error, weather, road conditions, or other factors as primary causes—diluting focus on HOS violations.
Insurance carriers may dispute the severity of injuries, delay settlement, or press for fault attribution to other factors.
In states like Kansas and Missouri (if the crash crosses into Missouri or involves multi‑state carriers), you’ll need to consider state laws, comparative fault rules, and jurisdictional issues.
Despite these challenges, when handled skillfully in a personal injury claim, evidence of hours‑of‑service violations can make a substantial difference in outcomes for injured claimants.
Why Victims Should Act Promptly
In the states of Kansas and Missouri, the stakes in trucking accident personal injury claims are high, given the magnitude of harm commercial truck crashes can cause. Here are some reasons why acting quickly is critical:
Preservation of evidence: ELD logs, company records, and dispatch assignments can be deleted, lost, or overwritten. Early action helps secure that evidence.
Statute of limitations: Personal injury claims in each state are subject to deadlines. Missing the filing window can forfeit your rights.
Multiple defendants: Trucking claims often involve the driver, carrier, owner‑operator, freight broker, or shipper. Investigating all potential liable parties takes time and resources.
Comparative fault rules: Both Kansas and Missouri apply comparative fault doctrines in personal injury claims, which means a finding of partial fault may reduce your recovery. Demonstrating clear carrier responsibility via HOS violation strengthens your position.
Severe injury potential: Large truck crashes often result in catastrophic injuries—spinal cord damage, traumatic brain injury, and multiple fractures. Swift legal action helps protect your ability to recover full compensation for medical care, lost income, pain and suffering, and future needs.
If you or a loved one has been injured in a truck accident in Kansas or Missouri and you suspect a driver or carrier violated hours‑of‑service regulations, it’s important to contact an experienced personal injury lawyer as soon as possible.
The Importance of Acting Quickly After a Trucking Accident
When a truck crash injures you or a loved one, having clear proof that a driver or carrier violated hours‑of‑service regulations can be a game‑changer in a personal injury claim. HOS violations increase the risk of fatigue‑related harm, strengthen a case of negligence or recklessness, and help show why the crash occurred and who is responsible.
That said, this evidence must be collected promptly, reviewed carefully, and considered alongside your injuries, medical records, and other documentation. If you’ve been hurt in a crash involving a commercial truck in Kansas or Missouri, contact Harris & Hart Attorneys at Law in Overland Park, Kansas, for skilled guidance.
The experienced personal injury attorneys understand trucking laws, hours‑of‑service rules, and the challenges of proving truck carrier liability. Don’t wait—reach out to Harris & Hart Attorneys at Law today to discuss your case and take the first step toward fair compensation for your losses.
