How Hours-of-Service Violations Contribute to Delivery Truck Collisions in Portland

When trucks driven by alert and experienced truck drivers get into accidents, it’s bad enough. However, when a truck is driven by a tired driver who has worked more hours than legally permitted, accidents can be devastating.

Hours-of-service regulations exist to protect truck drivers and other road users from the risk posed by fatigued truck drivers. When trucking companies put pressure on drivers to work longer hours or drivers choose to ignore these crucial safety regulations, catastrophic and even fatal accidents can result. If you or a family member were the victim of such a negligent truck driver, you have the right to fight for compensation to put your life back together again.

The Portland truck accident lawyers at Johnston Law Firm understand hours-of-service violations and the devastating impact truck driver fatigue can have on other road users. Our attorneys are waiting to hear your story and fight for your rights. Call (503) 506-4102 today or contact us online to discuss your case and discover how we can be your allies in the pursuit of justice.

The Impact of Hours-of-Service Violations

Federal and state hours-of-service regulations exist to reduce the number of accidents caused by tired and inattentive drivers. Sleepy truck drivers lack the alertness required to control the truck and respond to traffic conditions. 

How truck accidents impact Portland families

Sadly, 58 people lost their lives on Portland’s roads in 2024. People in motor vehicles were the worst affected, with pedestrians a close second, followed by motorcycle riders and cyclists. 

The Portland 2024 Deadly Traffic Crash Report noted that 56 percent of pedestrian and cyclist deaths were the result of a collision with a large vehicle, including trucks. Compared to sedans, these vehicles are disproportionately more likely to kill and injure pedestrians.

Whether you were hit by a truck while traveling in a vehicle or on foot, the impact can be devastating. 

Portland families must pick up the pieces, which may include the following:

• Medical expenses from surgeries, hospital stays, medications, and physical therapy
• Lost earnings from time off work or being unable to return to the job you did before
• Loss of enjoyment of life if you are no longer able to enjoy the activities you once did
• Mental anguish and emotional distress may result from the trauma of the accident and the impact of your injuries
• Fatal accidents may result in the loss of the main family income, along with the huge emotional burden each family member must bear

These devastating impacts are not to be underestimated and should not be accepted without a fight. Whether you were injured or a loved one was wrongfully killed, Portland truck accident attorneys can listen to your story and provide legal advice tailored to your situation. 

If our attorneys agree to take on your case, they can undertake a thorough investigation, including examining whether hours-of-service violations contributed to your accident and resulting losses.

How truck driver fatigue contributes to accidents

Drivers have been known to fall asleep at the wheel. So-called “microsleeps,” in which a truck driver dozes off for just a few seconds, can cause drivers to lose control, leading to devastating accidents. 

A study found that microsleeps can cause: 

• Impaired cognitive function
• Slow reaction times
• Inattentiveness
• Poor motor performance

All of these factors are the perfect cocktail for accidents that cause catastrophic injuries and fatalities. 

Common accidents resulting from truck driver fatigue include:

• Drifting into other lanes, possibly sideswiping other vehicles
• Jerking the wheel can cause the trailer to topple onto other vehicles or pedestrians
• Colliding with other vehicles while carrying flammable cargo can lead to fires that cause even more serious injuries

To try to avoid these life-changing scenarios, federal and state governments have enacted regulations that aim to ensure drivers are alert and safe while on the job.

Breaking Down Hours-of-Service Regulations

The Federal Motor Carrier Safety Administration (FMCSA) sets hours-of-service regulations for all truck drivers across the country. The FMCSA defines hours-of-service as: “the maximum amount of time drivers are permitted to be on duty including driving time, and specifies the number and length of rest periods.”

The goal is simple — to help drivers stay awake and alert. With a semi-truck weighing in at a maximum weight of 80,000 pounds, it’s no surprise that the federal government has enacted laws to keep other road users safe from fatigued drivers. These regulations also apply to drivers of box trucks and 18-wheelers.

Time limits for property-carrying truck drivers

At first glance, hours-of-service regulations could seem contradictory. However, the key is to remember that these laws regulate both the number of driving hours and the total number of hours a driver can be on duty. The latter includes driving hours and rest periods. 

The following are the key FMCSA hours-of-service regulations all truck drivers must follow:

• 11-hour driving limit: This is the maximum number of hours a truck driver is permitted to drive. This comes into effect after a minimum of 10 consecutive hours off duty.
• 14-hour limit: After coming on duty, the maximum number of hours a truck driver can work, including driving and breaks, is 14 hours.
• 60/70-hour limit: In a 7-day period, drivers may drive a maximum of 60 hours or a maximum of 70 hours in an 8-day period. To start a new 7- or 8-day period, a driver must take a minimum of 34 hours off duty.

Updated regulations: HOS final rule

On June 1, 2020, the FMCSA introduced four new hours-of-service regulations designed to provide drivers with more flexibility without compromising safety. Known as the HOS final rule, they became law on September 29, 2020.

The key provisions of the HOS final rule are:

• Adverse driving conditions: During adverse weather conditions, drivers are permitted to extend their 11-hour maximum driving time or 14-hour driving window by up to 2 hours.
• Short-haul exception: This exception is not new, but it has been expanded to 150 air miles from the truck driver’s regular place of work and allows for 14-hour shifts.
• 8-hour limit without breaks: When a truck driver has driven for 8 hours without a break of at least 30 minutes, he or she must take a 30-minute break. The definition of break time has been expanded to include on-duty/non-driving periods.
• Sleeper berth provision: Truck drivers are now permitted to meet the minimum 10-hour off-duty requirement by spending at least 7 hours in a sleeper berth and at least two hours in or out of the berth, as long as the two periods combined total a minimum of 10 hours.

The FMCSA includes a frequently asked questions section clarifying what qualifies as a rest period and other scenarios. While these resources are here primarily to help drivers stay safe, they can also assist truck accident attorneys as they investigate whether hours-of-service violations contributed to your truck accident.

Oregon-specific hours-of-service regulations

Oregon law allows extra driving time for intrastate journeys — those that do not go beyond Oregon’s borders. These Oregon-specific regulations include:

• Extra hours per day: Truck drivers are permitted 12 hours of driving time per day rather than 11. Additionally, they can drive up to the 16th hour after coming on duty rather than the 14th. 
• Extra hours per 7- or 8-day period: Oregon allows drivers to work an extra 10 hours per 7- or 8-day period, with limits of 70 and 80 hours, respectively. This applies if the trucking company operates 7 days a week.
• Restarting the 7- or 8-day period: Although they can work more hours during these periods, truck drivers must still rest for a minimum of 34 hours before the period can restart.

Consulting federal regulations alone could lead to errors when investigating Portland truck accidents. This is just one reason why it pays to work with a local Portland law firm whose truck accident attorneys are familiar with Oregon state laws and other local factors that could impact your case.

Proving Negligence in Hours-of-Service Violation Truck Accidents

To successfully recover compensation after a truck accident, your attorney must prove that another party’s negligence was the direct cause of your injuries. Unlike alcohol- and drug-impaired driving, there are no tests for driver fatigue. This is why hours-of-service records are crucial for proving liability.

Challenges in proving hours-of-service violations

The biggest difficulty in proving hours-of-service violations after a truck accident is one fact: Record-keeping is the responsibility of the truck driver and trucking company. Breaking hours-of-service regulations can lead to financial penalties from the FMCSA and potential liability in truck accident cases. 

Therefore, while many truck drivers and trucking companies are honest, some may feel incentivized to falsify records to avoid admitting to violations. While this makes it more challenging to prove hours-of-service violations were a factor in your accident, an experienced Portland truck accident attorney may be able to find the evidence required in other ways.

These include:

• Examining gas, toll, and hotel receipts
• Checking delivery bills and bills of lading
• Accessing surveillance camera footage
• Cell phone evidence

The role of truck accident attorneys

When you hire a Portland truck accident attorney, you get more than the services of a lawyer working on your case. Truck accident attorneys typically work with a legal team that includes investigators who can dig for the evidence needed to build a strong case. 

Without the support of a qualified and experienced attorney, you run the risk of being bullied by the insurance company into accepting less than you deserve for your injuries. 

Truck accident lawyers understand the devastating impact of Portland truck crashes and will investigate the level of compensation you need to restore what you have lost. You can benefit from the negotiating skills and courtroom experience of truck accident lawyers. If the case goes to trial, you have a better chance of securing fair compensation.

Experience the Johnston Law Firm Difference

After a delivery truck accident that has turned your life upside down, you cannot take a chance with your legal representation. You need a trusted advocate by your side, someone who understands you, your suffering, and the Portland legal system. When you hire Johnston Law Firm, you receive the support of a team that cares and will use all the best available methods to give you the strongest chance of success. 

The Johnston Law Firm’s approach is securing outstanding results for our clients. In one case involving a family who were severely injured due to a reckless trucking company, we recovered $13.9 million in compensation. 

Are you ready to discover what your case could be worth? Talk to an experienced and compassionate Portland truck accident lawyer at Johnston Law Firm. Call (503) 506-4102 or complete our online contact form, and we will schedule a free case evaluation to start your journey toward justice.