A fully loaded tractor-trailer can weigh up to 80,000 pounds on interstate highways. When a tired driver loses focus for even a second, that much force can destroy lives.
Now, you’re injured, your car is totaled, and everything feels like it’s been put on hold. Why did this happen? In many cases, it’s because a truck driver stayed on the road past the limits set by federal service hour rules.
In North Carolina, these dangers are all too real. In 2024, a tractor-trailer driver fell asleep on I-95 and slammed into five vehicles, injuring two people. Investigators later confirmed he’d been awake far longer than federal law allows. Crashes like this don’t just happen; they are often the result of preventable violations.
If you suspect driver fatigue or excessive hours played a role in your crash, proving a service hour violation can be one of the strongest ways to hold the driver and trucking company accountable.
Here’s how our Winston-Salem truck accident lawyers can help uncover the evidence and pursue full compensation for your injuries.
Federal Hours of Service Rules
To prevent deadly fatigue on the road, the Federal Motor Carrier Safety Administration (FMCSA) enforces federal Hours of Service (HOS) rules. These regulations govern the maximum driving hours, rest requirements, and weekly work limits for truckers.
Here’s a breakdown of the current HOS regulations:
| Rule | Summary for Property-Carrying Drivers |
| 11-Hour Driving Limit | Up to 11 hours of driving is allowed after 10 consecutive hours off duty. |
| 14-Hour Duty Window | No driving allowed after 14 hours on duty, even with breaks. |
| 30-Minute Break Requirement | Take a 30-minute break after 8 total hours of driving. |
| Weekly Hour Limits | No more than 60 hours in 7 days or 70 in 8; resets after 34 hours off. |
Fatigue doesn’t start after days without sleep; even a couple of extra hours on the road can be dangerous. But with unrealistic delivery schedules and pressure from carriers, many drivers push past their limits instead of stopping to rest.
According to the National Institute for Occupational Safety and Health (NIOSH), most long-distance truckers work 60 to 65 hours per week, and about one in five drive more than 75 hours, well beyond the federal limit.
When a truck driver spends too many hours behind the wheel, their fatigue puts everyone on the road at risk.
How To Prove a Trucker Violated Hours of Service
Immediately after a crash, fatigue isn’t always obvious. The driver may seem alert, and the trucking company will waste no time building its defense. That’s why gathering evidence quickly is critical.
Most commercial trucks are equipped with Electronic Logging Devices (ELDs) that track the vehicle’s movement, including when it is in motion, idling, or at rest. These logs create a timeline and can show when a driver exceeded legal service hours. However, ELD data alone is often insufficient to prove a violation.
Building a strong fatigued truck driver accident claim in North Carolina requires detailed proof, such as:
- ELD and Logbook Records: These digital logs track the driver’s hours of service and record when they take breaks. They serve as a starting point for determining whether federal service hour limits were exceeded.
- GPS and Route Data: GPS timestamps track the truck’s location and travel times. This data can confirm whether the driver was on the road longer than allowed.
- Fuel and Toll Receipts: Every fuel or toll receipt includes a timestamp and location. When those records show long, continuous stretches of driving, they can help show that the driver was on the road longer than legally allowed.
- Delivery or Dispatch Schedules: They may show that the company pushed drivers with deadlines or routes that made it nearly impossible to stay within legal hours.
- Text or Messaging Records: Texts, emails, or in-cab messages may show dispatch urging the driver to stay on schedule, even if it means delaying rest.
Collectively, this evidence helps establish that the driver’s excessive hours led to fatigue, which contributed to the collision.
Why Acting Quickly Matters
Federal law allows trucking companies to delete or overwrite ELD data after six months, and many other records are discarded even sooner. Once those files are gone, it becomes much harder to prove a violation.
To stop evidence from disappearing, your Winston-Salem truck accident lawyer can immediately send a spoliation letter. This legal notice requires the trucking company to maintain driver logs, GPS data, emails, and other relevant records. If they destroy or change anything after that, the court can penalize them.
You can also strengthen your case with additional evidence, such as:
- People who witnessed the crash may recall the truck slowly drifting, failing to brake in time, or reacting late, which could be warning signs of driver fatigue or exhaustion.
- Reconstruction specialists can analyze skid marks, black box data, and impact points to show the driver likely nodded off or lost concentration.
Every piece of information adds to a clearer picture of what really happened and who is responsible for the harm you’ve suffered.
Get the Compensation You Deserve After a Trucking Accident
Proving an hours-of-service violation requires quick action and a team that knows what to look for. Trucking companies have lawyers and investigators on the scene within hours; you deserve someone just as determined to defend your rights.
At Lewis & Keller, we act fast, protect evidence, and demand full compensation for your injuries, lost income, and the long-term effects of your injuries.
With millions of dollars recovered for truck accident victims across North Carolina, we know how to stand up to powerful trucking companies, and we’re ready to do the same for you.
A free consultation costs you nothing, but could be the first step toward recovering everything. You get answers to your questions, an honest case evaluation, and a clear plan for your next steps.
Contact us today and let us start fighting for the justice and financial support you deserve.
