In Texas, a crash caused by a fatigued truck driver is a claim against the driver and the carrier that scheduled them, proven through electronic logging device data that carriers must keep but often lose. Owsley Law Firm sends preservation demands quickly and charges no fee unless it wins. Do not delay.
What are the federal hours-of-service rules for truck drivers?
49 CFR Part 395 limits drivers of property-carrying commercial vehicles.
- No more than 11 hours of driving after 10 consecutive hours off duty
- No driving beyond the 14th hour after coming on duty
- A 30-minute break after 8 cumulative hours of driving
- A limit of 60 hours on duty in 7 days or 70 hours in 8 days, depending on the carrier’s schedule
How do you prove a truck driver was fatigued?
Electronic logging devices required under section 395.8 record driving time automatically, but they are only the start. The firm compares the ELD record against dispatch messages, delivery and pickup times, fuel and toll receipts, weigh station records, and the truck’s engine control module. When the paperwork says the driver rested and the receipts say the truck was moving, the gap tells the story.
A violation of a federal safety regulation is evidence of negligence that a Texas jury can consider.
Carriers must retain ELD records and supporting documents for six months. After that, they are routinely destroyed. Engine data can be overwritten when the truck goes back into service, and the truck itself can be repaired or sold. The firm sends a spoliation letter immediately and, when a carrier resists, files suit to compel preservation or an inspection.
Can the trucking company be responsible for a tired driver?
Yes, independently of the driver. A carrier that sets delivery windows a driver cannot legally meet, pays by the mile in a way that rewards skipping rest, fails to audit logs, or keeps drivers with a history of hours violations is negligent in its own right. Driver qualification files under 49 CFR Part 391, prior violations, and the carrier’s safety rating are discoverable.
Brokers and shippers who set unrealistic pickup and delivery times can also contribute to fatigue. Their role depends on the contracts and communications between the companies, which the firm obtains in discovery.
What does a fatigue crash look like?
Fatigue crashes often show no braking before impact, a drift across lanes or onto the shoulder, a rear-end collision with slowed or stopped traffic, or a run-off-road crash at night or in the early morning. Long stretches of I-10 between Houston and San Antonio, I-45 between Houston and Dallas, and I-35 carry heavy overnight freight traffic where these patterns appear.
Fatigue is also linked to medical conditions. Untreated sleep apnea is a known risk for commercial drivers, and a driver’s medical certification and any conditions noted on it are part of the qualification file. A carrier that knew a driver had a sleep disorder and kept them on the road may be independently negligent.
Driver testimony about the hours before the crash is tested against the records. Where the driver says they slept, receipts, toll tags, and phone activity may say otherwise.
How much insurance do trucking companies carry?
Interstate carriers hauling general freight must carry at least $750,000 in liability coverage under 49 CFR 387.9, and many carry more. Because the stakes are high, carriers and their insurers often send investigators to the scene quickly. Speak with a lawyer before giving a statement to anyone representing the trucking company.
Intrastate carriers operating only within Texas are subject to state insurance requirements, which can be lower than the federal minimums. Identifying whether the carrier was operating interstate, and every policy that applies, including any excess or umbrella coverage and the policies of brokers or shippers, is part of the early investigation.
What should I do after being hit by a commercial truck?
Get medical care and make sure police document the crash. Photograph the truck, including the company name, USDOT number, and trailer number on its doors and rear. Get the driver’s information and the names of witnesses. Trucking companies often send investigators and adjusters to the scene within hours, and they are working for the company. Do not give a recorded statement or sign anything before speaking with a lawyer. Call promptly so a preservation letter covering the ELD data, the engine module, and the driver’s records goes out before anything is lost.
What damages can I recover in a truck accident case?
Truck crashes often cause severe injuries: traumatic brain injuries, spinal cord injuries, multiple fractures, and internal injuries. Damages can include past and future medical care, lost wages and lost earning capacity, pain, mental anguish, physical impairment, and disfigurement. When a carrier knowingly kept a driver on the road in violation of hours-of-service rules, exemplary damages under Chapter 41 may also be available. Texas generally limits recoverable medical expenses to amounts actually paid or incurred under section 41.0105.
How long do I have to file?
The general deadline is two years from the crash under Civil Practice and Remedies Code section 16.003. Because key records can be destroyed after six months, waiting even a few months can cost the evidence that proves the case.
Common questions
What clients ask about driver fatigue crashes.
How do you prove a truck driver was fatigued?
Through the electronic logging device record, dispatch and delivery records, fuel and toll receipts, and the engine control module, compared against the hours-of-service limits in 49 CFR Part 395.
What are the hours-of-service limits?
Eleven hours of driving within a 14-hour window after 10 hours off, a 30-minute break after eight hours of driving, and weekly caps of 60 or 70 hours.
Can the trucking company be liable too?
Yes. A carrier that schedules unrealistically, ignores log violations, or keeps unsafe drivers can be responsible for its own negligence, in addition to the driver’s.
How long do trucking companies keep log records?
Generally six months for ELD records and supporting documents. That is why preservation demands need to go out quickly.
Should I talk to the trucking company’s investigator?
Not before speaking with a lawyer. Statements given early are used to limit the claim.