Crashes Involving Truck Driver Fatigue

The trial attorneys at Bell Legal Group understand how to prove a fatigued truck driver caused your or a loved one’s accident. Let us help in your recovery! An individual harmed in a commercial vehicle crash shouldn’t get the runaround from the trucking company or their insurer, but many times they do. Bell Legal Group can offer guidance and support in these complicated situations.

Regulations on Fatigued Driving

A fatigued truck driver may exhibit dangerously impaired behavior behind the wheel, from slowed reaction times to decreased awareness and questionable judgment. This violates Federal Motor Carrier Safety Administration (FMCSA) regulations, code § 392.3 Ill or fatigued operator, which prohibits operating a commercial vehicle “while the driver’s ability or alertness is so impaired.” When a trucker operates in violation of this regulation and causes an accident, those harmed may be entitled to pursue legal action.

The following are a few examples of regulations that relate to a driver’s alertness:

• Hours of Service (HOS): This rule sets a maximum number of hours a driver may be on duty.
• Split Sleeper Berth Rules: Regulations known as the 7:3 and 8:2 rules encourage truckers to divide their 10-hour off-duty period responsibly, prioritizing 7 or 8 hours of rest to manage fatigue. 
• Irregular Sleep Schedules: The FMCSA promotes regular workdays to better align with healthy sleep patterns.

Causes of Truck Driver Fatigue

A trucker may become fatigued as a consequence of a combination of factors that can significantly impair their ability to drive safely. Regulations exist to increase the safety of commercial vehicle operators’ practices, and when truckers or their employers cut corners or ignore these rules, preventable accidents can result. 

The following are examples of the factors that can lead to truck driver fatigue:

• Long Work Hours and Pressure To Meet Deadlines – Many truck drivers’ job security and wages rely on timely deliveries, in turn prompting workers to stretch hours of service, commit traffic violations, and prioritize their salary over road safety.
• Lack of Quality Sleep – Truck drivers’ irregular routines and overnight shifts can disrupt their sleep schedules, and persistent sleep loss can contribute to chronic fatigue and health conditions that make these drivers a liability on the roads.
• Health and Lifestyle Factors – Poor health and lifestyle choices can cause or exacerbate sleep deprivation, leading to fatigue and violating certain conditions of commercial drivers’ licensing, which bans drivers with certain substance abuse, cardiovascular, and health issues. 
• Ignoring Trucking Regulations – Rules are made to prevent an overworked or drowsy driver from operating a truck, but when truckers or their employers ignore them, the roadways become more dangerous.
• Employer Negligence – When trucking companies offer incentives that encourage over-driving and fail to monitor hours of service compliance, vehicle operators lack oversight to prevent fatigued driving.

How Fatigue Impacts Driving Performance

A trucker who causes a crash may deny that a lack of sleep contributed, but the science behind drowsy and fatigued driving says otherwise. A clinical trial by the National Sleep Foundation found that being awake for 17 to 19 hours is the equivalent of having a blood alcohol content (BAC) of .05%, and after longer periods, a driver’s performance can mimic that of a person with a BAC of 0.1%.

Signs of a Fatigued Driver

When drivers become tired and continue driving, their coordination decreases, and impairment increases. These are some of the tell-tale signs of a drowsy driver: 

• Missing an exit or making a late lane change
• Being unaware of traffic signals or signs
• Physical distractions, like yawning, rubbing eyes, and frequent blinking
• Drifting from the lane or hitting the shoulder and rumble strips
• Feeling restless and exhibiting risk-taking behaviors out of impatience

While many drowsy driving accidents cause injuries, when a heavy vehicle and driver fatigue are involved, the consequences can be devastating due to the truck’s size and weight. 

Who Can Be Liable in a Fatigue-Related Truck Accident?

Semi-truck crash lawyers must investigate these accidents thoroughly to identify the root cause and liability, which can include the driver, their employer, or a third-party contributor:

Trucking Company Liability

An attorney will look for evidence of fault on behalf of the trucking company, which may include:

• Improper training or hiring practices
• Failure to monitor driver hours
• Pressuring drivers to increase performance
• Imposing incentives that encourage unsafe practices

Many states also enforce vicarious liability laws, which state that employers are responsible for their employees’ actions, but liability can be nuanced depending on the agreement, the company’s control over the driver’s workload or schedule, and how the person’s employment was classified.

Truck Driver Liability

Despite laws that hold employers responsible for their employees, there are certain instances where a truck driver may be liable for a drowsy driving accident, including: 

• Forging or fabricating Hours of Service (HOS) logbooks 
• Substance abuse that affects performance and sleep
• Misusing or deactivating electronic log devices
• Driving recklessly despite company policies or training against it

Third-Party Liability

Cargo loaders, parts manufacturers, and maintenance companies are some examples of third parties that may contribute to a fatigue-related truck crash. The following are examples of potentially liable third parties:

• A fleet maintenance company can face liability if poor upkeep causes a driver to choose to transport at odd hours or for longer shifts to reduce mechanical burdens.
• The maker of defective truck components can be liable for a crash if controlling a malfunctioning vehicle introduced challenges a fatigued driver couldn’t overcome.
• If a cargo company doesn’t balance a load properly, the inattentive or tired driver can fail to recognize the shifted weight until a collision is imminent. 
• Outside contractors or brokers could influence driver schedules and workloads, encouraging drivers to operate without proper rest, thus sharing in the crash liability.

How a Legal Advocate Can Help

When a fatigued truck driver gets behind the wheel of a heavy vehicle or continues driving after they become drowsy, they’ve violated their duty to others on the road. Our attorneys can help disprove truckers’ defenses and support you during the process by:

• Discovering eyewitnesses and electronic sources, like a dashcam or 911 audio from witnesses, that can verify the trucker showed signs of fatigue
• Investigating log books for trucking law violations that led to the truck driver’s fatigue
• Reconstructing the drowsy driving accident to show how the trucker’s delayed reaction, lane departure, or other impaired actions caused the crash
• Defending against the trucking company’s attempts to undermine your claim
• Calculating damages to determine a fair, adequate recovery

Because there isn’t a specific test to detect fatigue, proving liability for these trucking accidents can be challenging to handle alone. Let our legal team advocate on your behalf instead. Share your story with our attorneys and let us assist. Our law firm’s attorneys litigate semi-truck crashes in North Carolina and South Carolina, giving a voice to those harmed.