Fatigued Truck Driver / Hours-of-Service Violation Lawyer — Serious Injury & Wrongful Death

Driver fatigue is the single most common cause of catastrophic truck crashes — and the single most provable when ELD records are preserved promptly. Federal hours-of-service rules limit when and how long commercial drivers can operate a tractor-trailer, and electronic logging devices have made HOS violations objectively documentable. Siddons Law Firm represents seriously injured motorists and the families of those killed in HOS-violation truck crashes across Pennsylvania, New Jersey, New York, and Maryland.

Why Fatigue / HOS-Violation Truck Crashes Tend to Be Catastrophic

A fatigued truck driver does not brake. The crash signature is a sleep-driving lane departure, rear-end into stopped traffic, or centerline-crossing head-on at full highway speed with no skid marks, no swerve, no evasive maneuver — the truck simply continues at speed into the lead vehicle, the median, or oncoming traffic. The outcomes are rarely survivable for passenger-vehicle occupants.

The forensic case is unusually strong. ELD records establish driving and rest hours objectively. Dispatch logs, fuel receipts, weigh-station records, and toll-pass records corroborate or contradict the ELD. Driver phone records, restaurant credit-card receipts, and hotel registrations establish the driver’s actual location and rest pattern. Where the driver falsified ELD entries, the falsification itself becomes evidence of recklessness and supports punitive damages.

FMCSR HOS Framework

• 49 CFR §395.3(a)(1) — 11-hour daily driving limit (after 10 consecutive hours off-duty).
• 49 CFR §395.3(a)(2) — 14-hour daily duty window (cannot drive after 14 hours from coming on duty).
• 49 CFR §395.3(a)(3)(ii) — 30-minute break required after 8 cumulative hours on-duty without a qualifying interruption.
• 49 CFR §395.3(b) — 60 hours / 7 days OR 70 hours / 8 days rolling weekly limit.
• 49 CFR §395.3(c) — 34-hour restart provision.
• 49 CFR §395.8 — ELD record-keeping; 6-month preservation; no-edit and no-deletion rules.
• 49 CFR §392.3 — ill or fatigued operator prohibition. A driver impaired by fatigue may not drive even within HOS limits.

HOS violations are violations of federal law and create per se negligence in most jurisdictions. Where the violation was systemic — e.g., the carrier’s dispatch routinely required runs that could not be completed within HOS limits, or the carrier failed to monitor ELD records for compliance — punitive damages typically follow.

Layered Liability — Carrier, Driver, Broker, Shipper

1. The driver — primary liability for HOS violation (negligence per se) and §392.3 fatigued-operator violation.
2. The motor carrier — vicarious liability for the driver and direct liability for negligent dispatch (scheduling runs that require HOS violation), negligent ELD oversight, and negligent retention of drivers with documented violation history.
3. The broker — under Sperl v. C.H. Robinson for negligent carrier selection where the carrier had documented poor safety record.
4. The shipper — for negligent scheduling (required pickup/delivery windows that cannot be met within HOS) and (in some cases) for paying carriers based on metrics that incentivize HOS violations.

State Recovery Framework

PA: §1705(d) limited-tort exception preserved; 2-year SOL; punitive damages available where conduct was reckless. Documented systemic HOS violation supports punitives under Hutchison v. Luddy.

NJ: §39:6A-8(a) verbal threshold; 2-year SOL; punitives under N.J.S.A. 2A:15-5.9 (clear-and-convincing standard).

NY: §5102(d) threshold; 3-year PI / 2-year wrongful death; punitives where conduct was wanton or in willful disregard.

MD: Pure contributory; 3-year SOL; §11-108 cap on noneconomic; punitives require clear-and-convincing actual malice.

Common Serious Injuries from HOS-Violation Crashes

• Traumatic brain injury.
• Spinal cord injury.
• Multi-fragment fractures.
• Internal-organ trauma.
• Severe burns.
• Wrongful death — disproportionately common; sleep-driving crashes are routinely fatal.

What to Do After a Serious-Injury HOS-Violation Crash

1. Get to a Level-I trauma center.
2. Send spoliation letter within 24-72 hours preserving ELD records, dispatch logs, fuel receipts, weigh-station records, toll-pass records, dash-cam, driver qualification file, and prior HOS-violation history.
3. Subpoena ELD records via the carrier and (where applicable) the ELD vendor.
4. Demand corroborating records — fuel, tolls, scales, hotel/restaurant receipts.
5. Investigate carrier dispatch practices — was the run achievable within HOS limits at all?
6. Engage counsel within days.

Frequently Asked Questions — HOS-Violation Crashes

How long can a commercial driver drive in one day?
11 hours of driving within a 14-hour duty window after 10 consecutive hours off-duty (49 CFR §395.3(a)(1) and (2)). Plus a mandatory 30-minute break after 8 cumulative on-duty hours.

What if the driver was within HOS limits but still fatigued?
49 CFR §392.3 prohibits driving while ill or fatigued regardless of HOS compliance. Sleep-driving crashes within HOS limits typically support negligence claims even without a §395.3 violation.

How are ELD records preserved?
ELD records must be preserved by the carrier for at least 6 months under 49 CFR §395.8(k). We send spoliation letters within 24-72 hours to ensure preservation beyond the federal minimum.

What if the driver falsified ELD entries?
False ELD entries are themselves a federal violation under §395.8(e). Falsification is evidence of consciousness of guilt and supports punitive damages.

Can the carrier be held responsible for HOS violations?
Yes — through negligent dispatch (scheduling runs that require HOS violation), negligent ELD oversight, and negligent retention of drivers with documented violation history. Systemic violation patterns support punitive damages.

Can the broker or shipper be liable?
Yes — broker under Sperl v. C.H. Robinson for negligent carrier selection; shipper for negligent scheduling.

Are punitive damages available?
Yes — typically in all four states. Documented systemic HOS violation, ELD falsification, and dispatch practices that cannot be reconciled with HOS rules routinely support punitive awards.

What state laws apply?
PA §1705(d); NJ §39:6A-8(a); NY §5102(d); MD pure contributory + §11-108 cap.

How much does it cost?
Nothing up front. Contingency fee.