How Hours of Service Violations Cause Truck Accidents in Illinois

Truck accidents are among the most devastating crashes on Illinois roads. Due to the size and weight of commercial trucks, collisions often lead to catastrophic injuries or fatalities. One of the most preventable causes of these accidents is truck driver fatigue, frequently the result of violations of federal Hours of Service (HOS) regulations. At John J. Malm & Associates, our experienced Illinois truck accident lawyers have seen firsthand how hours of service violations can cause life-changing injuries and devastating loss. In this blog, we explain how these violations occur, the laws that are in place to prevent them, and how they contribute to crashes throughout the state of Illinois.

Understanding Hours of Service (HOS) Rules

Hours of Service regulations are issued by the Federal Motor Carrier Safety Administration (FMCSA) to prevent driver fatigue and promote road safety. These rules limit the amount of time a commercial driver can be behind the wheel and mandate rest periods to ensure that drivers remain alert and capable of operating large trucks safely.

Key hours of service regulations include:

11-hour driving limit: Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
14-hour on-duty limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty.
30-minute rest break: Drivers must take a 30-minute break after 8 cumulative hours of driving.
60/70-hour limit: A driver may not drive after 60/70 hours on duty in 7/8 consecutive days, respectively, without taking at least 34 consecutive hours off.

These regulations are enforced through the use of Electronic Logging Devices (ELDs), which automatically record driving time. However, violations remain a serious issue.

What Causes Hours of Service Violations?

Despite these rules, many truck drivers and companies still push the limits or intentionally violate hours of service regulations. Reasons companies ignore hours of service rules include:

Pressure to meet tight delivery deadlines
Incentives based on mileage or deliveries
Lack of enforcement or oversight
Deliberate falsification of logbooks

Even with the implementation of ELDs, some drivers and trucking companies find ways to circumvent the system, such as by logging off the ELD, driving under someone else’s log-in, or using multiple accounts.

When drivers push themselves beyond safe limits, fatigue sets in—dramatically increasing the risk of a serious crash.

The Dangers of Truck Driver Fatigue

Fatigue affects a driver’s reaction time, decision-making ability, and coordination. It can be just as dangerous as drunk driving. According to the FMCSA and the National Highway Traffic Safety Administration (NHTSA), fatigue is a contributing factor in roughly 13% of large truck crashes. The Insurance Institute for Highway Safety (IIHS) has reported that truck crash risk increases significantly after a driver has been behind the wheel for more than 8 hours.

Fatigued driving may lead to:

Slower reaction times
Microsleeps (brief, unintended periods of sleep)
Drifting between lanes or off the road
Failure to respond to changing traffic conditions

These impairments can result in high-speed collisions, rear-end crashes, or trucks veering into oncoming traffic.

How Hours of Service Violations Contribute to Illinois Truck Accidents

When a driver exceeds hours of service limits, they are statistically more likely to be involved in a crash. The FMCSA conducted a study in 2023 evaluating pre- and post-rule change data and found:

The hours of service violation rate increased from 7.6% to 8.5% after rule changes.
Drivers with hours of service violations had a significantly higher crash involvement rate.
Out-of-service orders due to hours of service violations also increased, showing a rise in serious noncompliance.

In Illinois, law enforcement conducts roadside inspections that frequently uncover violations of federal regulations. These inspections may lead to citations or removal from service until the driver complies.

At John J. Malm & Associates, we have handled cases where truck drivers exceeded the allowable number of driving hours, resulting in a tragic accident. In one such case, our firm successfully obtained compensation for an injured client after it was revealed the truck driver had driven over 14 hours without rest, contrary to federal law.

Real-World Consequences of Fatigued Truck Driving

The consequences of fatigued truck driving can be devastating, especially for those in smaller passenger vehicles. Due to the size disparity between a semi-truck and a car, the occupants of the car are far more likely to suffer serious or fatal injuries.

Common injuries resulting from truck crashes caused by hours of service violations include:

Traumatic brain injuries
Spinal cord injuries and paralysis
Bone fractures and crush injuries
Internal bleeding and organ damage
Wrongful death

Victims often face long hospital stays, multiple surgeries, and months or years of rehabilitation. In some cases, they may never fully recover or return to work.

Legal Liability for Hours of Service Violations in Illinois

If a truck driver causes an accident due to fatigue or a hours of service violation, they, and potentially their employer, can be held liable. Illinois law allows injured parties to pursue compensation when a driver or trucking company fails to operate safely.

Evidence of hours of service violations may include:

Electronic Logging Device (ELD) records
Dispatch records and delivery schedules
Surveillance footage
Witness testimony
Cell phone or GPS data

Hours of service violations are often used to establish negligence or recklessness in personal injury and wrongful death claims. Trucking companies may also be liable under theories of negligent supervision, failure to train, or corporate negligence if they encouraged or ignored illegal driving practices.

Federal and State Enforcement of Truck Driver Regulations

The FMCSA partners with state agencies like the Illinois State Police to enforce trucking regulations. During roadside inspections and compliance audits, officers check for:

Driving logs and HOS violations
Vehicle maintenance issues
Drug and alcohol compliance
Proper licensing and qualifications

In 2023, Illinois participated in the Commercial Vehicle Safety Alliance’s International Roadcheck, where over 19% of vehicles were taken out of service for violations, including hours of service issues.

Stricter enforcement and the use of ELDs have improved compliance, but violations still occur, often with deadly consequences.

How John J. Malm & Associates Can Help After a Serious Truck Accident

At John J. Malm & Associates, our experienced Illinois semi-truck accident attorneys understand how to investigate and litigate cases involving hours of service violations. We work with accident reconstruction experts, obtain log data, and build strong cases to hold negligent drivers and trucking companies accountable.

We help our clients recover compensation for:

Medical expenses
Lost wages and reduced earning capacity
Pain and suffering
Disability and disfigurement
Emotional distress
Loss of companionship in wrongful death cases

We are proud to have helped numerous clients in Illinois who were injured due to truck driver negligence, including fatigue caused by hours of service violations.

What to Do After a Truck Accident in Illinois

If you or a loved one has been injured in a truck accident, take the following steps:

Seek immediate medical attention.
Call the police and get a police report.
Document the scene: take photos, gather witness names, and keep all evidence.
Do not speak to the trucking company’s insurer.
Contact a top-rated Illinois truck accident lawyer.

Contact the Experienced Illinois Truck Accident Lawyers at John J. Malm & Associates

Hours of service violations are a serious and preventable cause of truck accidents in Illinois. Fatigued driving puts everyone on the road at risk, and trucking companies must be held accountable when they break the rules. If you or a loved one has been hurt in a truck accident, the skilled truck accident attorneys at John J. Malm & Associates are here to help.

We have decades of experience handling complex truck accident cases involving federal regulation violations, including hours of service rules. Let us investigate your case, protect your rights, and fight for the compensation you deserve. Contact us today for a free consultation.