Driver Fatigue Truck Accident Attorneys
If a fatigued truck driver caused an accident that hurt you or a family member, the emotional and physical recovery can feel overwhelming. On top of that, you may be left wondering how to handle the financial burden of medical bills, lost wages, and other expenses. When the truck driver’s exhaustion or failure to follow regulations is at fault, you deserve compensation for the harm done.
Driver fatigue truck accident attorneys can help guide you through the complex legal process. With the right attorney by your side, you’ll have the support you need to seek justice and obtain compensation from those responsible. Reaching out to a skilled truck accident attorney today for a free consultation can be the first step toward getting the compensation you need for your injuries and losses.
Table of Contents
- Driver Fatigue Truck Accident Attorneys
- Understanding Truck Driver Fatigue Accidents
- Driver Fatigue in the Trucking Industry
- Signs and Evidence of Driver Fatigue
- Documentation to Prove Fatigue
- Legal Responsibilities and Liability
- Filing a Truck Accident Claim
- What If I’m Partly to Blame for the Truck Crash?
- How Wilshire Law Firm Can Help
- Our Experienced California Personal Injury Attorneys Are Here to Help
Understanding Truck Driver Fatigue Accidents
Truck accidents caused by driver fatigue are a serious problem on the road. They are also more common than many people realize. Fatigued truck drivers are at a heightened risk of causing accidents because their ability to make quick decisions, stay alert, and react to potential dangers is significantly impaired. When a truck driver’s lack of rest or attention leads to an accident, innocent drivers and passengers in other vehicles most often suffer the consequences—and the results can be devastating.
Statistics show the prevalence of fatigue-related truck accidents is concerning. According to the National Highway Traffic Safety Administration (NHTSA), driver fatigue is a factor in around 21% of all fatal crashes, including truck accidents. Estimates claim that more than 8,300 people lost their lives in a recent year in crashes a fatigued driver caused.
According to the California Office of Traffic Safety, 10 to 20% of large truck and bus accidents result from fatigued drivers. Studies also show that going too long without restorative sleep can impair your ability to drive similar to drinking too much alcohol. A person who hasn’t slept in 24 hours has the same level of impairment as a person with a blood alcohol content (BAC) of 0.10%, which is over the legal limit.
When a truck driver is fatigued, they put everyone on the road at risk. A tired truck driver may fall asleep at the wheel, fail to stop in time, or cause a collision due to slower reaction times. Truck drivers compromise the safety of all road users when they push themselves beyond their limits.
Driver Fatigue in the Trucking Industry
Truck driver fatigue is a widespread issue in the industry, and several factors contribute to this growing concern. Understanding the root causes can help shed light on how these accidents happen and why trucking companies and drivers must do more to prevent them.

Causes of Driver Fatigue
- Long Hours on the Road: Truck drivers are often required to drive for long hours without adequate rest. The pressure to meet tight deadlines means they may push through exhaustion, resulting in a higher risk of accidents.
- Pressure to Meet Delivery Deadlines: Trucking companies may place unreasonable demands on drivers to complete deliveries quickly. This pressure to meet deadlines can lead to drivers sacrificing sleep, ignoring breaks, and driving longer hours than allowed by law.
- Irregular Sleep Schedules: Many truck drivers experience disrupted sleep patterns due to driving at night or switching between different time zones. This irregular schedule can make it difficult for drivers to get enough rest and can significantly impair their ability to stay alert while driving.
- Medical Conditions: Certain medical conditions, such as sleep apnea, can make it even more difficult for truck drivers to get the rest they need. Sleep apnea, in particular, is a disorder that causes drivers to stop breathing repeatedly during sleep, leaving them fatigued and at risk of falling asleep behind the wheel.
Federal Regulations Governing Hours of Service
To address these risks, the federal government has set regulations to limit the number of hours truck drivers can work. The FMCSA’s Hours of Service (HOS) regulations are designed to prevent driver fatigue by ensuring drivers take mandatory rest breaks. Under these rules, truck drivers are limited to driving no more than 11 hours in a 14-hour shift, with mandatory off-duty breaks of at least 10 consecutive hours. These rules help protect the public, but violations still occur frequently.
Related article: How Hours of Service Violations Cause Dangerous Truck Accidents
Common Violations by Trucking Companies
Trucking companies are sometimes complicit in encouraging unsafe driving practices. Some companies may push their drivers to exceed the allowable driving hours or fail to monitor rest breaks closely. In some cases, drivers are encouraged to falsify their logs to hide violations. When trucking companies fail to adhere to safety regulations or knowingly allow fatigue to affect their drivers, they share responsibility for any accidents that occur.
Signs and Evidence of Driver Fatigue
Identifying driver fatigue can sometimes be difficult, but there are signs and evidence that may indicate the driver was too tired to operate their vehicle safely. Understanding these signs can play a key role in building a strong case for compensation.
Physical and Behavioral Indicators
Some of the most common signs of fatigue include:
- Yawning and nodding off: The driver may exhibit signs of drowsiness, such as yawning excessively or even nodding off.
- Difficulty staying in the lane: A fatigued driver may struggle to maintain a straight course and frequently veer out of their lane.
- Slow or delayed reaction times: Fatigued drivers often take longer to react to hazards, such as a stopped vehicle or a red light.
- Erratic driving: A tired driver may drive too fast, too slow, or exhibit other erratic behaviors on the road.
Documentation to Prove Fatigue
To prove that driver fatigue caused the accident, your attorney must gather the right documentation:
- Driver logs: The driver’s logbook or electronic logging device (ELD) can show if they were driving beyond the legal limits.
- GPS tracking data: GPS data can provide evidence of the driver’s location and movement patterns, which may reveal if the driver was working longer hours than allowed.
- Cell phone records: Text messages or phone calls made during driving hours could indicate distracted driving or attempts to push through fatigue.
- Witness statements: Statements from other drivers or bystanders who witnessed the accident can help establish whether the truck driver appeared tired or inattentive before the crash.
Black Box Data and Other Technological Evidence
Truck black boxes, or event data recorders (EDRs), can provide crucial information about the truck’s speed, braking, and other behaviors in the moments leading up to the crash. This data can often show if the driver’s actions align with the signs of fatigue or if they were attempting to drive beyond safe limits.
Legal Responsibilities and Liability
When a fatigued truck driver causes an accident, several parties may share liability. These include the truck driver, their employer, and even third-party entities that may have contributed to the situation.
Truck Driver Obligations
Truck drivers have a legal responsibility to ensure they are well-rested before getting behind the wheel. They must adhere to hours of service regulations and take appropriate breaks to avoid driving while fatigued.
Trucking Company Responsibilities
Trucking companies are responsible for ensuring their drivers comply with all safety regulations, including hours of service limits. They must also conduct regular safety checks on their vehicles and provide proper training to drivers. If the company encourages unsafe driving practices or fails to monitor the driver’s behavior, they may be held liable for the accident.
Potential Liable Parties
Liability in a fatigue-related truck accident may rest with:
- Trucking companies: If the company contributed to or ignored signs of driver fatigue, your attorney could hold them accountable.
- Drivers: If the truck driver was personally negligent in adhering to regulations or failing to rest, they could be directly responsible for the accident.
- Third-party logistics providers: In some cases, logistics companies or shippers may also bear responsibility for pressuring drivers to meet unrealistic deadlines.
- Shippers/receivers: Companies responsible for loading or unloading the truck may also contribute to accidents by creating conditions that encourage overworking the driver.
Our truck accident attorneys will thoroughly investigate your case to determine all liable parties. We will then go after all avenues of compensation to maximize your financial recovery.
Related article: Truck Accident Statistics
Filing a Truck Accident Claim
After a truck accident, you need to act quickly to protect your legal rights and pursue compensation. Whether the accident occurred recently or some time ago, you must take immediate steps to secure evidence and file a claim.
Steps to Take Immediately After an Accident
If you’re involved in a truck accident, you should:
- Call emergency services: Seek medical attention for any injuries and report the crash to the police.
- Document the scene: Take photos of the damage, the accident scene, and any visible injuries.
- Get witness information: Collect contact details from anyone who witnessed the accident.
- Request driver and trucking company details: Obtain the truck driver’s name, company, and insurance information.
Steps to Take If the Accident Happened Some Time Ago
If you’ve already received medical treatment but have not yet filed a claim, you need to seek legal help right away. An experienced attorney can help gather evidence, preserve records, and ensure you meet all deadlines for filing your claim.
Importance of Preserving Evidence
Preserving evidence helps your attorney build a strong case. Your attorney can secure driver logs, vehicle data, and surveillance footage. They can also follow up with eyewitnesses and get their statements. You can help your case by keeping track of your medical treatments and any related expenses. You should also save any personal property damaged in the crash, including your wrecked vehicle.
Statute of Limitations
California law imposes a time limit for filing personal injury claims, which is typically two years from the date of the accident. Missing this deadline can prevent you from seeking compensation, so you must act quickly.
Types of Compensation Available
If your attorney successfully navigates your truck accident claim, you could recover compensation for:
- Medical expenses: Costs for treatment, surgeries, rehabilitation, and ongoing care.
- Lost wages: Compensation for the income you’ve lost due to your injuries.
- Pain and suffering: Compensation for the physical and emotional impact of the accident.
- Property damage: Repair or replacement of your vehicle and other property damaged in the crash.
In certain cases, your attorney may also pursue punitive damages. If a fatigued truck driver caused a crash that killed a close family member, your attorney can advise whether you qualify to bring a wrongful death claim and guide you through the process.
What If I’m Partly to Blame for the Truck Crash?
California follows a comparative negligence rule, meaning that even if you’re partially at fault for the accident, you may still be eligible for compensation. However, your percentage of fault will reduce the amount of compensation you receive.
How Wilshire Law Firm Can Help
At Wilshire Law Firm, we understand the devastating impact that a truck accident can have on your life. Our attorneys have experience handling fatigue-related truck accidents, and we are dedicated to helping you recover compensation for your injuries and losses.

Our team will thoroughly investigate the circumstances of your accident, gather evidence, and work tirelessly to negotiate a fair settlement with the responsible parties. If the insurance companies or other parties refuse to offer a fair settlement, we’re prepared to take your case to court and fight for your rights.
Having served injured clients throughout California since 2007, we’ve established ourselves as a top-notch personal injury law firm that gets results. We’ve recovered more than $2 billion in compensation for our clients to date, and you can trust we will fight hard to help you recover the maximum compensation you deserve.
Our Experienced California Personal Injury Attorneys Are Here to Help
If you or a loved one has been injured in a truck accident caused by driver fatigue, don’t hesitate to contact Wilshire Law Firm for a free consultation. Our team of experienced personal injury attorneys is here to help you get the compensation you deserve. Reach out today to discuss your case.
Wilshire Law Firm – Los Angeles Office
3055 Wilshire Blvd 12th floor,
Los Angeles, CA 90010
Ph: (213) 335-2402