Truck Driver Fatigue Without an Hours-of-Service Violation: Can the Trucking Company Still Be Liable?

Proof of an hours-of-service violation is not required to file a liability claim based on truck driver fatigue. Fatigued driving is negligent driving—and fatigued truck drivers who cause accidents can be held responsible regardless of any other factors involved. If you or a loved one was involved in a collision involving truck driver fatigue, a Florida truck accident lawyer at our firm can help you file a claim against the trucking company.

Fatigue is a major issue in the commercial trucking industry. Truck drivers spend long hours behind the wheel—and they often do so late at night—and these long hours lead to fatigue that increases truck drivers’ risk of causing serious and fatal collisions.

The Federal Hours-of-Service (HOS) Regulations Do Not Eliminate the Risk of Truck Driver Fatigue

The federal hours-of-service (HOS) regulations limit how many hours truck drivers can drive in a day or over a week. While federal HOS regulations are intended to reduce accidents caused by truck driver fatigue, they do not eliminate the issue entirely. Under the federal HOS regulations, it is legal for commercial truck drivers to:

• Drive up to 11 hours in a single day
• Continue driving beyond 8 hours after just a 30-minute break
• Drive up to 60 hours in 7 days (or up to 70 hours in 8 days)

As a result, fatigue due to truck drivers spending long hours behind the wheel remains a very real concern. While federal HOS regulations undoubtedly help prevent accidents, even compliant drivers can still be too tired to drive.

Proof of an Hours-of-Service Violation is Not Required to Establish Truck Driver Negligence

Since drivers who comply with the federal hours-of-service regulations can still be too tired to drive, proof of an HOS violation is not required to establish truck driver negligence. If a truck driver is fatigued, they should not be behind the wheel.

In Florida, fatigued driving is negligent driving. The risks associated with fatigued driving are well-known, and they are comparable to the risks associated with driving while intoxicated. Just as a driver’s faculties become more impaired as the driver’s blood alcohol concentration (BAC) rises, a driver’s faculties also become more impaired as the driver becomes more fatigued.

With this in mind, some examples of the risks associated with truck driver fatigue include:

• Loss of concentration
• Loss of fine motor control
• Slower reaction times
• Impaired judgment
• Drifting into sleep

Taking these risks into account, it’s not hard to see why fatigued driving is considered negligent regardless of how long a truck driver has been behind the wheel. As a result, even without proof of an hours-of-service violation, truck accident victims and their families can—and should—seek just compensation for their losses.

Trucking Companies Can Be Held Liable for Their Drivers’ Negligence Behind the Wheel

Seeking just compensation after a commercial truck accident caused by truck driver fatigue usually involves filing a claim against the trucking company. Just like other employers in Florida, trucking companies can be held liable for their employees’ negligence within the scope of their employment.

Because you don’t need proof of an HOS violation to establish truck driver negligence, you don’t need to prove an HOS violation to hold the trucking company accountable. If you can prove that fatigue was a factor in the accident, you can file a claim for damages.

FAQs: Filing a Truck Accident Claim Based on Driver Fatigue

How can I prove the truck driver was fatigued without an hours-of-service violation?

You can use various types of evidence to prove driver fatigue after a serious or fatal truck accident in Florida. These include the truck’s telemetry data (or “black box” data), traffic camera footage, and the truck driver’s own statements, among others. Once you engage our law firm, we will promptly launch an investigation focused on gathering the evidence we need to seek the financial compensation you deserve.

What if I can’t prove the truck driver was fatigued at the time of the accident?

While it may be possible to prove truck driver fatigue through various means, if it is not possible to prove fatigue, you may still have various options for seeking just compensation. For example, if the truck driver ran a red light or crossed into oncoming traffic, these can serve as clear grounds to file a claim regardless of whether the truck driver was fatigued at the time of the accident.

Are trucking companies legally responsible when their drivers fall asleep behind the wheel?

Yes, as a general rule, trucking companies are legally responsible when their drivers fall asleep behind the wheel. Trucking companies have a legal duty to hire safe, competent drivers, but regardless of their hiring practices, they are generally responsible for their employees’ negligence on the job.

How We Help Truck Accident Victims and Their Families in Florida

At Searcy Law, we help truck accident victims and their families seek just compensation after serious and fatal collisions in Florida. If you or a loved one was involved in a commercial truck accident and you suspect that the truck driver was fatigued, we can:

• Conduct a comprehensive investigation to gather evidence of why the accident happened
• Document the lifetime financial and non-financial costs of the accident
• File a claim against the trucking company and fight for just compensation on your behalf

We handle all commercial truck accident cases at no out-of-pocket cost to our clients. To learn more, schedule a free, no-obligation consultation today.

Discuss Your Case with an Experienced Florida Truck Accident Lawyer for Free

To schedule a free, no-obligation consultation with a Florida truck accident lawyer at Searcy Law, call us at 800-780-8607 or contact us online. We will arrange a confidential discussion of your case with one of our experienced lawyers as soon as possible.