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Commercial Truck Accidents: HOS Violations in Rural Nebraska

By Jason Bottlinger on November 10, 2025

When semi-truck drivers refuse to take federally mandated rest breaks, the consequences can be devastating. Hours-of-service (HOS) rules are designed to prevent driver fatigue. Truckers in Omaha who break these rules can be liable for the injuries they cause.

As an experienced truck accident attorney, Jason Bottlinger knows how to find evidence of FMCSA hours-of-service (HOS) violations to support your case.

What Are Hours-of-Service Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) enforces hours-of-service (HOS) rules to prevent driver fatigue. These rules take on special significance in rural states like Nebraska, where long hauls and overnight drives are routine.

Key FMCSA HOS rules include:

• 11-Hour Driving Limit: Drivers can operate a truck for a maximum of 11 hours after 10 consecutive hours off-duty.
• 14-Hour Limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty.
• 30-Minute Break Rule: Drivers must take a break after driving for 8 cumulative hours without at least a 30-minute interruption.
• 60/70-Hour Limit: Drivers cannot drive after 60 hours on duty in 7 days or 70 hours in 8 days, depending on the carrier’s operation schedule.

Violating these rules increases the likelihood of driver fatigue, a well-documented cause of truck collisions that cause severe injuries and fatalities.

Fatigued Truck Driving in Rural Nebraska

In rural Nebraska, there are long stretches of open road. These roads often have narrower lanes, limited lighting, minimal shoulder space, and long distances between emergency responders.

When a fatigued truck driver drifts across lanes or fails to brake in time, the impact can be catastrophic, especially for people traveling in passenger vehicles.

Proving HOS Violations

Proving that a truck driver violated FMCSA hours-of-service rules can be a game-changer in a personal injury case. These rules exist for safety, and breaking them can be a clear indication of negligence. HOS violations can be proved using:

• Electronic Logging Devices (ELDs): These are mandatory on most commercial trucks and record driving hours automatically.
• Fuel, toll, and GPS records: Can help identify false entries in logbooks.
• Dispatch communications: May show pressure from the company to drive longer than allowed.
• Driver statements or witness testimony: Can confirm fatigue, restlessness, or unsafe behavior.

How Your Truck Accident Lawyer Can Help

Investigating and proving an HOS violation requires legal experience and technical knowledge. At Bottlinger Law L.L.C., we understand how trucking companies operate, and how they often attempt to hide or downplay violations after a crash.

Our investigative approach includes:

• Securing ELD data quickly before it’s overwritten or destroyed
• Requesting employment and scheduling records to assess company practices
• Consulting trucking industry experts who understand log systems and scheduling
• Examining the full history of the driver’s logs, not just the day of the crash

This kind of investigation often uncovers broader patterns of non-compliance, such as pressure to meet tight deadlines or systemic overworking of drivers.

Common HOS Violations Found in Nebraska Truck Accidents

A skilled truck accident lawyer knows how to analyze records and electronic data to reveal whether the truck driver was breaking HOS when the accident occurred. Violations include:

1. Falsified Logs – Especially with paper logs, some drivers intentionally “edit” entries to appear compliant.
2. Overuse of Short-Haul Exemptions – Drivers may falsely claim short-haul status to avoid logging hours.
3. Skipping Required Breaks – Especially during long overnight drives through rural areas.
4. Driving After Being Declared Out of Service – A serious offense where the driver has already been flagged by regulators but continues to operate.

Each of these can result in a higher degree of liability and open the door for additional legal consequences against the driver or company.

How Evidence of HOS Violations Affects Your Compensation

When it comes to your personal injury claim, evidence of an HOS violation can strengthen every part of your case. If we can prove the truck driver was fatigued due to an HOS violation, it supports:

• Higher compensatory damages: including medical bills, lost wages, and pain and suffering
• Punitive damages: when the trucking company was grossly negligent
• Claims against the employer: especially if policies encouraged unsafe driving practices

A stronger liability case means more leverage during settlement negotiations and a better shot at full and fair compensation.

What to Do After a Rural Truck Accident in Nebraska

If you or someone you love has been injured in a rural truck crash, take these steps as soon as possible:

1. Seek immediate medical attention – To get the care you need and provide evidence for your claim.
2. Get a copy of the police report – Your attorney will include this information in their investigation.
3. Take photos – Of vehicle damage, skid marks, road conditions, and visible injuries.
4. Avoid speaking with trucking company insurers – Have your lawyer handle negotiations and don’t sign any agreements.
5. Contact a truck accident lawyer – The sooner we can begin investigating, the better.

As time passes, it becomes harder to secure ELD data, witness statements, and key evidence related to hours-of-service violations.

Reasons to Choose Our Firm

Attorney Jason Bottlinger knows how to approach rural crashes involving commercial trucks. Our firm works to uncover the truth behind every crash, and this includes finding violations of FMCSA hours-of-service regulations.

If you were injured because a fatigued truck driver violated federal safety rules, you shouldn’t be left to pick up the pieces by yourself. We take a comprehensive, evidence-driven approach to building your case and holding every responsible party accountable.

Jason Bottlinger was selected as one of the Best Personal Injury Attorneys in Omaha by Expertise.com, and he belongs to the exclusive Multi-Million Dollar Advocates Forum. Our law firm has a perfect A+ rating from the Better Business Bureau.

Speak With an Experienced Truck Accident Lawyer in Omaha

If you’ve been injured in a crash involving a commercial vehicle, it’s time to act quickly.

Call Bottlinger Law L.L.C. at (402) 505-8234 for a free consultation today.

We fight for the truth, and we fight for your future.