Trucking Regulations and Crash Evidence
By Jason Hicks
A commercial-truck crash can cause serious or fatal injury. Federal motor-carrier rules address driver hours, maintenance, qualifications, and trip records because those issues can affect safe operation. When a rule and a crash share a supported causal connection, the related records may become important evidence.
Hours of Service (HOS) Records
For many property-carrying interstate drivers, federal hours-of-service rules limit driving and on-duty time. Exceptions and flexibility provisions may apply, so the complete driver record and applicable rule should be reviewed.
- 11-Hour Limit: May drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Window: Generally may not drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off duty.
- 30-Minute Interruption: A 30-minute non-driving interruption is generally required after 8 cumulative hours of driving without such an interruption.
Driver logs may need to be compared with dispatch records, location data, fuel or toll transactions, and other time-stamped materials. No single record should be treated as conclusive without context.
Maintenance and Inspection Failures
Applicable inspection, repair, and maintenance rules can make vehicle-condition records important. A crash review may examine tire and brake condition, inspection reports, repair history, driver reports, and whether a mechanical issue contributed to the event.
Evidence That May Need Early Review
Potentially relevant records may be held by a carrier, driver, vendor, insurer, public agency, or another custodian. Materials to identify may include:
- Driver Qualification File
- Dashcam & Telematics
- Maintenance Logs
- ECM "Black Box" Data
Driver Qualification and Supervision Records
Federal qualification rules and company practices may make the Driver Qualification File and related records relevant. A review may ask:
- What driving-history and employment information was obtained?
- What licensing, medical-certification, and qualification records applied?
- What testing, training, supervision, or safety issues were documented?
If a company ignored known driver-safety problems, those decisions may become part of the liability case.
Weight & Cargo Securement
Cargo weight, placement, and securement can affect vehicle handling. Bills of lading, weight records, loading documents, photographs, and inspection evidence may help determine whether a cargo issue contributed to the crash.
Frequently Asked Questions
What is ECM or "black box" data?
Depending on the vehicle, manufacturer, configuration, and event, an electronic control module may retain speed, braking, engine, or event data. Qualified interpretation and comparison with other evidence are important.
How do I preserve evidence after a trucking accident?
Request attorney review early. A tailored preservation letter can identify the truck, electronic data, driver records, maintenance files, and video that should be protected before routine retention policies or repairs affect the record.
Can I sue both the driver and the trucking company?
Potentially. Responsibility depends on the driver's relationship with the company, the course and scope of the work, any independent company conduct, other parties, and the law that applies to the facts.
About the Author
Jason Hicks is an Oklahoma trial lawyer whose practice includes catastrophic-injury and civil-rights litigation. The firm publishes a verified $126M civil-rights jury verdict.
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