Tired Drivers, Preventable Crashes: Hours of Service Violations in Georgia

A truck driver hours of service violation crash in Georgia can turn on the driver’s time behind the wheel, not only on the crash itself. Federal rules limit how long a commercial driver may drive and stay on duty. When a driver goes past those limits, the records can show it. This page explains the rules, how a violation can surface, and how Georgia fault law may apply. T. Madden & Associates, P.C. has practiced in Georgia since 1999.

What Hours-of-Service Rules Require of Commercial Drivers

Federal hours-of-service rules limit how long a commercial truck driver can drive and stay on duty.

A driver may not drive until taking 10 consecutive hours off duty. After that, the driver has a 14-hour window to work. Within that window, the driver may drive a total of 11 hours (49 CFR § 395.3).

Except for drivers who qualify for the short-haul exceptions, driving also stops after more than 8 hours of driving time pass without a consecutive 30-minute break from driving. Weekly caps apply too. Under 49 CFR § 395.3, a driver may not drive after having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week. A 34-hour off-duty period can end those counting periods (49 CFR § 395.3).

The trucking company has its own duty. If the carrier is itself the driver, the driver is bound too (49 CFR § 390.11).

How a Violation Can Come to Light After a Crash

A violation usually comes to light through the driver’s records of duty status. Except for a private motor carrier of passengers (nonbusiness), federal rules require a motor carrier to have each covered driver record duty status for every 24-hour period (49 CFR § 395.8). Those records show when a driver was driving, on duty not driving, off duty, or off duty in a sleeper berth.

Some warning signs may stand out to you. The driver may have said they had been on the road since early morning. The delivery schedule may have seemed impossible to meet. The truck may have been moving late at night after a long route.

These signs are reasons to ask questions. They are not proof. Federal rules bar operating a commercial vehicle when fatigue, illness, or another cause makes the driver unsafe to drive, except that in a case of grave emergency where compliance would increase the hazard, the driver may continue to the nearest place at which the hazard is removed (49 CFR § 392.3). The records decide what the driver actually did.

Why Electronic Logs and Supporting Records Matter

Electronic logging devices, called ELDs, record much of a truck’s activity on their own. The device logs date, time, location, engine hours, vehicle miles, driver identification, vehicle identification data and motor carrier identification data (49 CFR § 395.26). When the truck is moving, it adds an entry if no status change has been logged in the past hour.

These automatic entries can be compared with what the driver reported.

Supporting documents add another layer. These include bills of lading, dispatch and trip records, expense receipts and electronic messages (49 CFR § 395.11). Together, they can show where the truck was and when.

Timing matters. A carrier must keep records of duty status and supporting documents for at least 6 months from the date of receipt (49 CFR § 395.8). Six months is a minimum. Asking early helps protect what the carrier still has.

How a Violation Can Bear on Fault in a Georgia Claim

A violation can help show fault, but it does not decide fault by itself. A driver who ran past legal driving time and then drifted across a lane creates a clear link. A violation with no link to the crash does not.

Georgia reduces damages by the injured person’s percentage of fault. A person found 50 percent or more responsible for the injury or damages recovers nothing (O.C.G.A. § 51-12-33).

Georgia also looks at everyone who contributed to the harm. That includes people who were not named as parties: the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, and a nonparty’s fault is considered if the plaintiff settled with that nonparty or a defending party gives notice not later than 120 days prior to the date of trial that the nonparty was wholly or partially at fault (O.C.G.A. § 51-12-33). Each liable person’s share is that person’s own, not joint liability.

Employers can also answer for their workers. Georgia law makes a person liable for torts committed by a servant by the person’s command or in the prosecution and within the scope of the person’s business (O.C.G.A. § 51-2-2). Dispatchers and cargo loaders may also share responsibility, depending on how the trip was set up.

Evidence to Ask About Early

The most useful evidence is often held by the trucking company. A written preservation request asks the carrier to keep records that could otherwise be lost or overwritten. Ask about logs, ELD data, dispatch messages, and bills of lading. Ask about fuel and toll receipts too.

Some records describe the driver and the truck. These include the driver qualification file, prior violation history, drug and alcohol testing records, and maintenance records. Maintenance records show how the truck was kept. Onboard camera or vehicle data may exist if the truck had it.

The police crash report and witness statements help place the truck at the scene at a particular time. Photos from the scene and names of nearby witnesses are also useful. Medical records tie injuries to the crash.

Carriers keep some records only for minimum periods. The sooner records are requested, the better the chance they are still available.

Time Limits to Keep in Mind

Georgia’s general deadline for personal injury lawsuits is two years. The statute says actions for injuries to the person must be brought within two years after the right of action accrues, unless another rule applies (O.C.G.A. § 9-3-33). That statute also sets different periods for some other claims.

Claims brought by family members after a death can follow their own timing rules. Because deadlines and evidence both have limits, waiting can cost you. Acting while records still exist keeps more options open.

Talk With T. Madden & Associates, P.C. About Your Crash

If you think the truck driver may have been past legal hours, a free case evaluation can review the crash facts and the records that may show it. Our team can look at the crash report, the driver’s duty records, and the carrier’s paperwork with you.

Terance Madden is the responsible lawyer for this page. The firm’s lawyers include Shenia Madden. T. Madden & Associates, P.C. has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta, and you can call 24/7.

The firm works on a no-fee-unless-we-win basis, but the client may still be responsible for court costs and case expenses. The first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions

Disclaimer: This page is general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. Contact the firm at tmaddenlaw.com/contact.