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Truck driver fatigue is one of the most dangerous and preventable causes of 18-wheeler accidents in Texas. When a commercial truck driver gets behind the wheel without adequate rest, they put every motorist on the road at risk. Federal regulations are designed to prevent fatigued driving, yet trucking companies and drivers routinely violate these regulations to meet delivery deadlines.
If you or a loved one was injured in a truck accident caused by a drowsy or fatigued driver, you may have grounds for a significant legal claim. This guide explains federal Hours of Service regulations, how attorneys prove fatigue played a role in your crash, and what compensation you may be entitled to under Texas law.
Truck driver fatigue occurs when a commercial vehicle operator experiences physical or mental exhaustion that impairs their ability to drive safely. Unlike typical tiredness, fatigue severe enough to cause accidents involves significant degradation of reaction time, judgment, and awareness—often comparable to the impairment caused by alcohol intoxication.
Research from the AAA Foundation for Traffic Safety shows that drivers who sleep only 4-5 hours in a 24-hour period have a crash risk comparable to someone driving with a blood alcohol concentration at or above the legal limit. For truck drivers operating 80,000-pound vehicles at highway speeds, this level of impairment can be catastrophic.
The Federal Motor Carrier Safety Administration (FMCSA) establishes Hours of Service (HOS) regulations that limit how long commercial truck drivers can operate their vehicles. These rules exist specifically to prevent fatigue-related accidents. Violations of these regulations can serve as powerful evidence in a truck accident lawsuit.
| Rule | Requirement |
| 11-Hour Driving Limit | Maximum of 11 hours driving after 10 consecutive hours off duty |
| 14-Hour Duty Window | Cannot drive beyond 14 hours after coming on duty, following 10 hours off |
| 30-Minute Break | Must take a 30-minute break after 8 cumulative hours of driving |
| 60/70-Hour Limit | Maximum 60 hours on duty in 7 days, or 70 hours in 8 days |
| 34-Hour Restart | Drivers may restart their 60/70-hour clock after 34+ consecutive hours off duty |
| Sleeper Berth Exception | Allows splitting 10-hour off-duty period into two periods (7/3 or 8/2 split) |
Important: Even when drivers technically comply with HOS limits, they may still be dangerously fatigued. Ten hours off duty does not guarantee quality sleep, especially in truck stop parking lots or sleeper berths. This is why our attorneys investigate beyond simple HOS compliance when building fatigue-related cases.
Since December 2017, the FMCSA has required most commercial motor vehicles to use Electronic Logging Devices (ELDs) to record driver hours. These devices connect directly to the truck’s engine and automatically track driving time, making it much harder for drivers to falsify their logs.
ELD records are invaluable evidence in truck accident lawsuits. An experienced truck accident attorney will immediately request preservation of this data, which can reveal:
Time-Sensitive: ELD data may be overwritten within days or weeks. If you’ve been in a truck accident, contact an attorney immediately to ensure this evidence is preserved through a spoliation letter.
Determining whether driver fatigue contributed to a crash requires careful investigation. Several accident characteristics commonly indicate a fatigued driver:
Proving that driver fatigue caused or contributed to your accident requires thorough investigation and expert analysis. At Texas truck accident lawyer, we use multiple sources of evidence to build compelling fatigue-related claims:
One of the most important distinctions in truck accident cases is that multiple parties may share liability. Unlike car accidents, where typically only the driver is responsible, fatigue-related truck crashes often involve systemic failures that extend beyond the driver:
Drivers are personally responsible for complying with HOS regulations and operating their vehicles safely. A driver who chooses to drive while dangerously fatigued, falsifies log books, or ignores their body’s warning signs can be held liable for resulting accidents.
Under the legal doctrine of respondeat superior, trucking companies are vicariously liable for the negligent actions of their employee drivers. Additionally, trucking companies can be directly liable for:
Companies that contract for trucking services may share liability if they impose unreasonable delivery deadlines or know their requirements will cause HOS violations.
Texas law allows victims of truck accidents caused by driver fatigue to recover comprehensive compensation for their losses. Because commercial trucks carry substantial insurance policies (often $1 million or more), victims can pursue full compensation for:
In cases involving egregious conduct—such as a trucking company that systematically pressures drivers to violate HOS rules or a driver with a history of fatigue-related violations—Texas law allows juries to award punitive damages. These damages punish particularly reckless behavior and deter similar conduct in the future.
Texas sees more truck accidents than any other state in the nation. According to the Texas Department of Transportation (TxDOT) and federal data:
The combination of high truck traffic volume, long-haul routes through Texas, and economic pressure on drivers creates conditions where fatigue-related accidents are tragically common.
We prove fatigue through ELD records showing HOS violations, cell phone records indicating the driver was awake during rest periods, witness testimony about erratic driving, accident reconstruction showing no evasive maneuvers, and analysis of crash timing. An experienced truck accident attorney knows how to obtain and interpret this evidence.
Federal HOS rules limit property-carrying truck drivers to 11 hours of driving after 10 consecutive hours off duty, with all driving occurring within a 14-hour window. Drivers must take a 30-minute break after 8 hours and cannot exceed 60-70 hours over 7-8 days.
Yes. Trucking companies are typically liable for their drivers’ negligence under the doctrine of respondeat superior and federal regulations. They may also be directly liable if they created unrealistic schedules, failed to monitor HOS compliance, or negligently hired a driver with a history of violations.
Texas has a two-year statute of limitations for personal injury claims. However, you should contact an attorney immediately after a truck accident. Critical evidence like ELD data can be overwritten or destroyed within days, and trucking companies begin their defense investigation right away.
An ELD is a device connected to a commercial truck’s engine that automatically records driving time. Required by federal law since 2017, ELDs make it much harder for drivers to falsify their hours and provide crucial evidence in accident investigations.
Victims can recover medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and property damage. In cases involving egregious conduct, punitive damages may also be available.
Attorney Greg Baumgartner has dedicated over 40 years to representing victims of truck accidents in Texas. Our firm has:
We offer free, no-obligation consultations and work on contingency—you pay nothing unless we win your case.
If you or a loved one was injured in a truck accident and you suspect driver fatigue played a role, time is critical. Evidence can be lost, and trucking companies immediately deploy teams to protect their interests. Contact our expert commercial vehicle accident attorney now for a free case evaluation.
Call (281) 893-0760 or Toll-Free: 1-866-758-4529
NEVER A CHARGE FOR AN INJURY ACCIDENT CONSULTATION
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