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Hurt in a crash with a tired truck driver? The driver’s own records may prove it.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it. This page explains the federal fatigue rules for truck drivers and the evidence that shows when they were broken. For an overview of every kind of truck crash, see our truck accident page.
Why Fatigue Matters
A loaded tractor-trailer can weigh up to 80,000 pounds. A driver who nods off for even a few seconds at highway speed can drift across lanes, miss slowed traffic ahead or fail to brake at all. Many drivers are paid by the mile, and tight delivery schedules add pressure to keep driving.
Federal Hours-of-Service Rules (49 C.F.R. Part 395)
The Federal Motor Carrier Safety Administration (FMCSA) limits how long truck drivers may drive and work. For drivers hauling property, the main limits are:
- 10 hours off first. A driver may not drive without first taking 10 consecutive hours off duty.
- 14-hour window. After coming on duty, the driver may not drive beyond the 14th consecutive hour.
- 11 hours of driving. Within that window, the driver may drive no more than 11 hours.
- 30-minute break. After 8 total hours of driving, the driver must take a break of at least 30 consecutive minutes before driving again.
- Weekly limits. No driving after 60 hours on duty in 7 days, or 70 hours in 8 days, depending on the carrier’s schedule.
- 34-hour restart. A driver may restart the weekly count after 34 or more consecutive hours off duty.
The rules include exceptions, such as for some short-haul drivers, so the details of each trip matter.
Tired Is Not Allowed, Even Within the Hours
The hours limits are a ceiling, not a permission slip. A separate federal rule says no driver may operate a truck while so impaired, or so likely to become impaired, by fatigue or illness that driving is unsafe. The trucking company may not require or allow it either (49 C.F.R. § 392.3).
The Evidence That Shows Fatigue
- Electronic logging device (ELD) data. Most carriers have been required to use ELDs to record drivers’ duty status since December 18, 2017.
- Supporting documents. Carriers must keep records such as bills of lading, dispatch and trip records, expense receipts, fleet communication records and payroll records.
- Fuel, toll and GPS records. In past cases, comparing driver logs to fuel receipts, toll records and GPS data has been crucial to obtaining large settlements for our clients.
- False logs. Federal rules prohibit drivers and carriers from making false duty-status reports or tampering with ELD data.
- The crash itself. Drifting out of a lane or no sign of braking before impact can point to a driver who was asleep or exhausted.
Carriers must keep duty-status records and supporting documents for at least six months. That is not long. We send preservation letters right away so the evidence is not lost.
Who May Be Responsible
- The driver who kept driving while exhausted or over the limits.
- The trucking company, which is generally responsible for its driver’s negligence and for its own choices in hiring, training, scheduling and supervising drivers.
Pennsylvania Rules You Should Know
- Deadline. Most injury lawsuits must be filed within two years. Claims against a government agency require written notice within six months, and immunity laws limit some claims.
- Shared fault. You can recover if you were 50% or less at fault. Your award is reduced by your share.
- Your own auto policy. If you were in a car, your full tort or limited tort choice can affect recovery for pain and suffering. Your own policy also pays at least $5,000 in medical benefits regardless of fault.
- No cap. Pennsylvania does not cap compensatory damages in these cases.
How We Build Truck Fatigue Cases
- Preserve the records first. ELD data, dispatch records and supporting documents, before they can be discarded.
- Rebuild the driver’s days. We reconstruct the driver’s hours for the days before the crash, not just the trip that ended in it.
- Follow the money. Pay records and delivery deadlines show whether the company rewarded long hours.
- Experts when they matter. Accident reconstructionists and trucking safety witnesses explain the evidence to a jury.
- Trial-ready. Trucking companies and their insurers know we are prepared to try cases to a jury.
What You Can Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures
- Scarring, disfigurement and permanent disability
- Wrongful death and survival damages for the family of a person killed
Representative Results
- More than $2 million for a client injured in a Pennsylvania highway crash involving an out-of-state trucking company
See more case results. Every case is different. Past results do not guarantee or predict a similar outcome.
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
