Truck Driver Hours-of-Service Violations
Federal rules limit how long commercial truck drivers may drive: 11 hours after 10 hours off duty, no driving after the 14th hour on duty, a break after 8 hours of driving, and 60 or 70 hours per week. A violation can show a driver or company allowed fatigued driving, which is powerful evidence of negligence after a crash.
The Federal Limits
Direct Answer: Under 49 C.F.R. § 395.3, a property-carrying driver may drive up to 11 hours after 10 consecutive hours off duty, may not drive after 14 consecutive hours on duty, and must take a 30-minute break after 8 hours of driving.
Weekly limits cap on-duty time at 60 hours in 7 consecutive days, or 70 hours in 8 days for carriers operating every day, and a 34-hour off-duty period restarts the cycle. Fatigue is a leading contributor to serious truck crashes, and the rules exist to limit it.
Logs and Electronic Logging Devices
Most drivers must use an electronic logging device (ELD) to record their duty status, and motor carriers must keep the records and supporting documents such as bills of lading, dispatch records, fuel and toll receipts for at least six months. Comparing ELD data with those documents can show falsified logs or hours worked beyond the limits, and the retention period is short, so a preservation request should go out quickly.
Using Violations in a Claim
A violation of a safety regulation is strong evidence that the driver and company failed to use reasonable care, although you still must show it caused the crash. Patterns of violations can also support claims that the company pressured drivers, or negligently supervised them, in some states supporting punitive damages.
Frequently Asked Questions
How many hours can a truck driver legally drive?
What is an ELD?
How long are driver logs kept?
Does a violation prove the driver caused the crash?
Can the trucking company be liable for a driver's violations?
Can I get a truck accident lawyer without paying upfront?
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Read moreStatute of Limitations
Filing deadlines by state, and the shorter one for government claims
Read moreWhere this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- 49 C.F.R. § 395.3 (maximum driving time for property-carrying vehicles)
Federal hours-of-service limits: 11 hours driving after 10 consecutive hours off duty; no driving after the 14th consecutive hour on duty; a 30-minute break after 8 hours of driving; and 60 hours in 7 days or 70 hours in 8 days, resettable by 34 consecutive hours off duty.
- 49 C.F.R. § 395.8 (driver's record of duty status)
Motor carriers must require drivers to use an electronic logging device (ELD) to record duty status, with limited exemptions, and must retain records and supporting documents for at least six months.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.