Drowsy driving is one of the leading causes of truck accidents, and it's often the result of trucking companies pushing drivers to meet unrealistic deadlines. Federal hours of service regulations e...
Drowsy driving is one of the leading causes of truck accidents, and it's often the result of trucking companies pushing drivers to meet unrealistic deadlines. Federal hours of service regulations exist specifically to prevent fatigued driving, but violations are rampant in an industry where time is money. When trucking companies prioritize profits over safety, innocent people pay the price. If you've been injured by a fatigued truck driver, the trucking company—not just the driver—may be held accountable.
The Deadly Danger of Fatigued Driving
According to the National Highway Traffic Safety Administration, drowsy driving causes approximately 100,000 crashes, 71,000 injuries, and 1,550 deaths annually. For commercial truck drivers, fatigue is an even greater concern because of the size of their vehicles and the long hours inherent to the job.
Research shows that being awake for 18 hours impairs driving ability similar to having a blood alcohol concentration of 0.05%. After 24 hours without sleep, impairment equals a BAC of 0.10%—above the legal limit for all drivers and well above the 0.04% limit for commercial drivers.
Fatigued drivers experience slower reaction times, impaired judgment, reduced attention and vigilance, microsleeps (brief episodes of sleep lasting seconds), and difficulty maintaining lane position. When an 80,000-pound truck is involved, even a momentary lapse can have catastrophic consequences.
Federal Hours of Service Regulations
To combat fatigued driving, the FMCSA has established detailed hours of service regulations limiting how long truck drivers can operate:
11-Hour Driving Limit: Drivers may drive 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, following 10 hours off duty. Off-duty time doesn't extend this window.
30-Minute Break: Drivers must take a 30-minute break after driving for 8 cumulative hours without at least a 30-minute interruption.
60/70-Hour Limit: Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A 34-hour restart can reset this clock.
Sleeper Berth Provision: Drivers using a sleeper berth must take at least 8 consecutive hours in the sleeper plus a separate 2 hours either in the sleeper, off duty, or some combination.
These rules exist because the government recognizes that tired truck drivers are dangerous. Violations represent clear negligence.
Electronic Logging Devices: The Evidence Trail
Since December 2017, most commercial trucks have been required to use Electronic Logging Devices (ELDs) to track hours of service. These devices connect to the truck's engine and automatically record driving time, making it much harder to falsify logs.
ELDs capture when the vehicle was moving and for how long, engine hours, vehicle miles traveled, and driver identification. This data provides objective evidence of whether the driver was in compliance with hours of service rules when the accident occurred.
Before ELDs, drivers often kept paper logs that could be easily falsified—these were cynically called "comic books" in the industry. While ELDs have reduced falsification, some drivers and companies still try to circumvent the system by operating under multiple driver IDs, driving with the ELD disconnected, or using exempt vehicle categories to avoid requirements.
Your attorney can subpoena ELD data and analyze it for violations that contributed to your accident.
How Trucking Companies Encourage Violations
While hours of service violations may seem like the driver's fault, trucking companies often create conditions that encourage or even require violations:
Unrealistic delivery schedules that can't be met without exceeding driving limits.
Pay structures that incentivize speed over safety, such as per-mile pay with bonuses for early delivery.
Pressure from dispatchers to "push through" and make deliveries on time.
Failure to discipline drivers with violation histories.
Inadequate rest facilities at company terminals.
Looking the other way when driver logs show suspicious patterns.
When trucking companies create these conditions, they share—and often bear primary—responsibility for accidents caused by fatigued drivers. Going after the trucking company can significantly increase available compensation because companies typically have larger insurance policies than individual drivers.
Proving Fatigue Contributed to Your Accident
Proving driver fatigue requires gathering multiple types of evidence:
ELD data showing the driver's hours before the crash. Violations are clear evidence; even legal but heavy driving schedules can support fatigue claims.
Driver logs and trip records showing the driver's schedule in the days leading up to the accident.
Dispatch records revealing pressure to meet deadlines or covering impossible distances.
The driver's testimony about their sleep, driving, and work schedule.
Expert testimony from fatigue specialists who can explain how the driver's schedule would affect alertness.
Accident characteristics consistent with fatigue, such as lack of braking before impact, drifting from the lane, or single-vehicle crashes.
Physical evidence like energy drinks, caffeine pills, or sleep aids in the truck.
Because this evidence is controlled by the trucking company, prompt legal action to preserve it is essential.
Damages in Fatigued Driving Cases
Fatigued driving cases often support substantial damage awards because the conduct is clearly reckless. When a trucking company knowingly allows or encourages hours of service violations, they're prioritizing profits over human lives.
Compensatory damages cover your medical expenses, lost wages, pain and suffering, and other losses.
Punitive damages may be available when the trucking company's conduct was particularly egregious—such as systematic encouragement of violations, falsification of logs, or ignoring driver fatigue complaints.
To maximize your recovery, you need an attorney who knows how to investigate trucking company practices, not just the individual accident. Patterns of violations across multiple drivers can demonstrate company-wide negligence.
Contact Emas Law Group Today
Fatigued truck drivers are a preventable danger on our roads. When trucking companies push drivers beyond safe limits to meet delivery schedules, they should be held accountable for the devastating accidents that result. If you've been injured by a fatigued truck driver, Emas Law Group can investigate the driver's hours of service compliance, the trucking company's practices, and build a case that holds all responsible parties accountable. Contact us for a free consultation.
Frequently Asked Questions
How do I know if the truck driver was fatigued when they hit me?
Your attorney can subpoena the driver's ELD data and driver logs to examine their hours before the crash. Other evidence includes accident characteristics (no braking, lane departure), driver appearance at the scene, and dispatcher records showing scheduling pressure.
Can the trucking company be sued if the driver violated hours of service?
Yes. Trucking companies have a duty to ensure their drivers comply with hours of service regulations. If they failed to monitor compliance, created conditions encouraging violations, or pressured drivers to exceed limits, they can be held directly liable.
What if the ELD shows the driver was technically in compliance?
Even if the driver was technically within hours of service limits, they could still have been fatigued due to sleep disorders, heavy schedules over multiple days, or accumulated fatigue. Being "in compliance" doesn't mean the driver was adequately rested.
How long do trucking companies keep ELD data?
Regulations require trucking companies to retain ELD records for 6 months. However, some data may be overwritten more quickly. This is why early attorney involvement and preservation letters are critical to ensure data isn't lost.