McKnight and McKnight Law, APC
McKnight and McKnight Law, APC

Call 661-578-5669 To Schedule A Free Consultation

  • Home
  • About
    • Benton F. McKnight
  • Practice Areas
    • Motor Vehicle Accidents
      • Car Accidents
      • Distracted Driving Accidents
      • Drunk Driving Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Airplane And Train Accidents
      • Uninsured and Underinsured Motorist Claims
      • Steps To Take After A Motor Vehicle Accident
    • Personal Injury
      • Oil Field Accidents
      • Brain Injuries
      • Construction Site Accidents
      • Premises Liability
      • Defective Products
    • Wrongful Death
    • Mediation
  • Recent Cases
  • Testimonials
  • Blog
  • Contact

En Español

  • Home
  • About
    • Benton F. McKnight
  • Practice Areas
    • Motor Vehicle Accidents
      • Car Accidents
      • Distracted Driving Accidents
      • Drunk Driving Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Airplane And Train Accidents
      • Uninsured and Underinsured Motorist Claims
      • Steps To Take After A Motor Vehicle Accident
    • Personal Injury
      • Oil Field Accidents
      • Brain Injuries
      • Construction Site Accidents
      • Premises Liability
      • Defective Products
    • Wrongful Death
    • Mediation
  • Recent Cases
  • Testimonials
  • Blog
  • Contact
  • Home
  • About
    • Benton F. McKnight
  • Practice Areas
    • Motor Vehicle Accidents
      • Car Accidents
      • Distracted Driving Accidents
      • Drunk Driving Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Airplane And Train Accidents
      • Uninsured and Underinsured Motorist Claims
      • Steps To Take After A Motor Vehicle Accident
    • Personal Injury
      • Oil Field Accidents
      • Brain Injuries
      • Construction Site Accidents
      • Premises Liability
      • Defective Products
    • Wrongful Death
    • Mediation
  • Recent Cases
  • Testimonials
  • Blog
  • Contact
EMAIL
Call

You’re Not Alone After An Accident. Our Attorney at 
McKnight and McKnight Law, APC Is Here To Help.

You’re Not Alone After An Accident. Our Attorney Is Here To Help.

  1. Home
  2.  » 
  3. Firm News
  4.  » 
  5. Truck driver rest requirements: boon or burden?
VIEW OUR PRACTICE AREAS

Truck driver rest requirements: boon or burden?

On Behalf of McKnight and McKnight Law, APC | Sep 29, 2017 | Firm News, Truck Accidents

At least a few California truck drivers prefer to drive without mandated rest periods applying that would require them to stop and rest more. Others believe that rest requirements keep roadways safe. As reported by The Mercury News, when compared to federal laws regarding mandatory breaks, California permits truck drivers to rest more frequently. However, California law is in danger of federal preemption depending on whether new proposed federal legislation is passed. Under current law, while in California, truck drivers may take one half-hour break for meals every five hours worked, and one ten-minute break for rest every four hours worked. At present, federal law requires drivers to take one half-hour break after eight hours of driving. In other words, truck drivers passing through California have the option to take breaks more frequently if they choose.

The provisions related to rest and breaks are designed to make the roadways safer and benefit driver health. Truck drivers who favor legislation that would permit more frequent breaks refer to studies that show that fatigue is one of the most common causes of truck accidents. Other drivers say that any legislation that mandates more frequent stops for breaks may exacerbate driver fatigue in some circumstances.

If the proposed federal legislation becomes law, California and other states will not be able to set their own standards for meal and rest breaks because the state law will be directly preempted by federal law. Federal preemption, according to FindLaw, occurs when a state law conflicts with a federal law. Constitutional law requires that when such a conflict occurs, the federal law has authority over the state law.

There is always a question about whether a state like California should be able to dictate its own rules for truck drivers without risk of preemption because Californians, presumably, have a better understanding of the risks inherent on California roadways. If that is the case, the question may also arise as to whether a truck driver’s discretion over whether and when to take breaks should give rise to a greater duty of care when it comes to his or her driving in California. If a California driver failed to take a break when such was permitted, and causes an accident that might not have otherwise happened, a driver could, conceivable, be more liable for the damage caused because of that failure.

Recent Posts

  • Two tips to avoid an accident with a distracted or drunk driver
  • How can a traumatic brain injury from an accident impact life?
  • Big trucks: a constant road challenge and injury risk
  • Tips for safe motorcycle riding
  • Could the day or month increase your odds of being in an accident?

Categories

  • blog (11)
  • Car accidents (53)
  • Divorce (1)
  • Firm News (144)
  • Injuries (5)
  • Motor Vehicle Accidents (6)
  • motorcycle accidents (26)
  • Truck Accidents (23)
  • Wrongful Death (29)

Archives

Subscribe To This Blog’s Feed

Get a Free Consultation

Email Us For A Response

Office Location

305 Truxtun Avenue
Bakersfield, CA 93301
Bakersfield Office
McKnight-and-McKnight-Law-APC
  • Follow
  • Follow
  • Follow

Phone: 661-578-5669

Toll Free: 866-491-5562

Fax: 661-325-5734

Review Us
Abogado en Bakersfield

© 2026 McKnight and McKnight Law, APC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw