Driver Negligence Claims

Driver Fatigue in Truck Accidents

A trucker awake for 18 hours is as impaired as a drunk driver. Fatigue causes microsleeps, slowed reactions, and deadly crashes—and ELD data proves it.

Key Takeaways

As Dangerous as Drunk Driving: 18 hours awake equals 0.08% BAC. Fatigued truckers are legally impaired.
HOS Rules Exist for Safety: Hours-of-service regulations limit driving time. ELDs automatically track compliance.
Carrier Liability: Companies that pressure drivers to violate HOS rules share responsibility for fatigue-caused crashes.
Provable with Data: ELD records, ECM data, and dispatch communications can prove driver and carrier negligence.

The Science of Fatigue

Fatigue is not just "feeling tired." It's a physiological state that impairs every aspect of driving performance.

Slowed Reaction Time

Responses to hazards delayed by critical seconds—the difference between stopping and crashing

Impaired Judgment

Poor decisions about speed, following distance, and lane changes

Microsleeps

Brief, involuntary lapses of consciousness lasting 4-5 seconds—at 65 mph, that's 500 feet blind

Tunnel Vision

Reduced peripheral awareness, missing hazards on the sides of the road

Attention Lapses

Drifting focus, missing signs, exits, and changing traffic conditions

Memory Gaps

Inability to recall the last several miles—a sign of dangerous impairment

Fatigue vs. Alcohol Impairment

Sleep science research has quantified how fatigue impairs driving—comparable to specific blood alcohol levels.

17 hours awake

0.05% BAC equivalent

18 hours awake

0.08% BAC — legally drunk

21 hours awake

0.10% BAC equivalent

24 hours awake

0.12% BAC equivalent

The Danger of "Pushing Through"

Unlike alcohol impairment, fatigued drivers often don't realize how impaired they are. Caffeine and other stimulants mask fatigue without restoring cognitive function. The only cure for fatigue is sleep.

Hours of Service Regulations

Federal HOS rules exist because fatigued driving kills. Violations are tracked by ELDs and establish negligence per se.

Rule	Description	Limit
11-Hour Driving Limit	Maximum driving time after 10 consecutive hours off duty	11 hours
14-Hour Window	All driving must occur within 14 hours of coming on duty	14 hours
30-Minute Break	Required after 8 cumulative hours of driving	30 min
60/70-Hour Weekly Limit	On-duty cap over 7/8 consecutive days	60-70 hrs
10-Hour Off-Duty	Required rest between driving periods	10 hours
34-Hour Restart	Optional weekly reset with extended off-duty period	34 hours

ELD Tracking

Electronic Logging Devices automatically record driving time and HOS compliance. Unlike paper logs that could be falsified, ELDs connect to the engine and create an objective record. When a driver exceeds legal limits, the ELD captures it.

Carrier Pressure & Systemic Negligence

Many fatigue-caused crashes result not just from driver choices but from company pressure. Carriers share liability when they create conditions that encourage dangerous driving.

Unrealistic Scheduling

Setting delivery appointments that can only be met by violating HOS limits

Pay Structures

Per-mile or per-load pay that incentivizes drivers to push past safe limits

Dispatch Pressure

Communications pressuring drivers to keep moving despite fatigue

Ignoring Violations

Failing to discipline drivers for repeated HOS violations shown in ELD data

Inadequate Scheduling

Not building realistic rest time into trip planning systems

Vicarious Liability: Even when carrier pressure isn't proven, the carrier is vicariously liable for driver negligence under respondeat superior. The driver was acting within the scope of employment when the crash occurred.

Proving Driver Fatigue

Fatigue can be proven through multiple evidence sources—creating a compelling case even when the driver denies being tired.

Evidence Type	What It Shows
ELD Records	Actual driving hours, rest periods, HOS violations
ECM Data	Erratic speed, lane departures, sudden corrections
Trip Planning	Delivery schedules that couldn't be met legally
Dispatch Logs	Pressure communications, timeline demands
Driver History	Pattern of HOS violations, complaints about schedules
Expert Testimony	Sleep science, impairment at specific deprivation levels

HOS Violations

ELD records showing the driver exceeded legal hours establish that they were likely fatigued—and that they violated safety regulations.

Circumstantial Evidence

Late-night crashes, single-vehicle accidents, and departures from lane without braking all suggest fatigue as a likely cause.

Frequently Asked Questions

Fatigue impairs reaction time, judgment, and attention just like alcohol. A driver awake for 18 hours is as impaired as someone with a 0.08% BAC—legally drunk. After 24 hours awake, impairment equals 0.10% BAC. Fatigued drivers experience 'microsleeps'—brief lapses where they're completely unconscious.

FMCSA Hours of Service (HOS) rules limit driving time: 11 hours maximum driving within a 14-hour window after 10 consecutive hours off duty. Drivers must take a 30-minute break after 8 hours of driving. Weekly limits cap on-duty time at 60-70 hours over 7-8 days. ELDs automatically track compliance.

Key evidence includes ELD records showing hours-of-service violations, ECM data showing erratic driving patterns, witness observations about driving behavior, the driver's sleep schedule and work history, dispatch communications pressuring drivers to meet deadlines, and expert testimony on fatigue impairment.

Absolutely. Carriers who pressure drivers to violate HOS rules, set unrealistic delivery schedules, or fail to monitor ELD compliance share liability. Carrier negligence often includes systemic failures: inadequate scheduling systems, ignoring violation patterns, or creating incentive structures that encourage dangerous driving.

Acute fatigue results from immediate sleep deprivation—staying awake too long. Chronic fatigue develops over time from consistent inadequate sleep, often affecting drivers on irregular schedules. Both impair driving ability, but chronic fatigue can be harder to detect because drivers adapt to feeling tired.

Struck by a Fatigued Truck Driver?

Drowsy truckers are as dangerous as drunk drivers. We obtain ELD records and other evidence to prove fatigue and hold carriers accountable.

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