Hours-of-service rules and truck driver fatigue

Federal rules limit how long truck drivers can drive and work. When they are broken, fatigue can turn a routine trip into a catastrophic crash.

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Fatigue is one of the most important—and most provable—issues in serious truck crashes. Federal hours-of-service rules limit how long commercial drivers can drive and work, and electronic logging devices make those hours far easier to check than old paper logbooks.

The core rules for property-carrying drivers

Under 49 CFR 395.3, a driver hauling freight generally:

  • Must have 10 consecutive hours off duty before starting a shift.
  • May drive up to 11 hours in that shift.
  • May not drive after the 14th consecutive hour after coming on duty. Off-duty breaks do not extend the 14-hour window.
  • Must take a 30-minute break from driving after 8 cumulative hours of driving.
  • May not drive after 60 hours on duty in 7 days or 70 hours in 8 days, depending on the carrier’s schedule. A 34-hour off-duty “restart” can reset that cycle.

There are exceptions—for short-haul operations, adverse driving conditions, sleeper-berth splits, and certain industries—so whether a driver violated the rules depends on the exact facts. Passenger carriers such as buses follow different limits.

Attorney Don Poynter in a Poynter & Bucheri TV spot about truck driver fatigue and hours-of-service. Click to play the video.
Don Poynter on truck driver fatiguePoynter & Bucheri TV spot, “Truck Driver Fatigue” · 0:15 · YouTubeIn this spot: Driver fatigue is a common cause of semi-truck crashes and can lead to serious injury and death. If a semi-truck injured you, the firm can help.

Electronic logging devices

Most drivers who must keep records of duty status now do so with an ELD that connects to the truck’s engine and automatically records driving time. ELDs make it harder to falsify logs, but they do not capture everything—time spent loading, waiting at docks, or working another job still has to be recorded, and comparing ELD data with fuel receipts, toll records, GPS, and bills of lading can reveal discrepancies.

Why carriers can be responsible for fatigue

The rules apply to motor carriers as well as drivers: a carrier may not permit or require a driver to violate them. Dispatch schedules that cannot be met legally, pay structures that reward pushing on, and failure to audit logs can all point to the company’s own responsibility.

Fatigue on Indiana’s long corridors

Drivers crossing Indiana on I-70, I-65, I-80/90, or I-69 are often in the middle of multi-state trips. Overnight hours, rural stretches with few safe places to park, and congestion near Indianapolis and Northwest Indiana combine to create real fatigue risk. Signs that fatigue may have played a role include drifting out of a lane, failing to slow for stopped traffic, and no braking before impact.

Other driver rules that often matter

  • Phone use. FMCSA rules restrict texting and hand-held phone use while driving a commercial motor vehicle.
  • Ill or fatigued operation. 49 CFR 392.3 prohibits driving while a driver’s ability or alertness is impaired by fatigue or illness.
  • Medical certification. Drivers must be medically qualified, and conditions such as untreated sleep apnea can be relevant.

Frequently asked questions

How many hours can a truck driver drive in a day?

A property-carrying driver generally may drive up to 11 hours after 10 consecutive hours off duty, and may not drive after the 14th hour after coming on duty (49 CFR 395.3). Exceptions exist.

Does the 30-minute break rule apply to every driver?

It applies to most property-carrying drivers after 8 cumulative hours of driving, but certain short-haul drivers are exempt.

Can a trucking company be blamed for a driver’s hours-of-service violation?

Yes. Carriers may not permit or require drivers to violate the rules, and evidence of unrealistic schedules or ignored violations can support claims against the company itself.

How do lawyers prove a truck driver was fatigued?

By comparing ELD records with other data—GPS, fuel and toll receipts, dispatch messages, bills of lading, and phone records—and by looking at crash evidence such as a lack of braking.

Sources

Indiana Code links open the official chapter PDF from the Indiana General Assembly (2026 Code); federal rules link to the current eCFR text.

More official links: Indiana accident resources · Indiana crash statistics · How to get your crash report

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