Truck Driver Fatigue

By Jason Hicks | Updated: Jan 2026

Fatigued driving is as dangerous as drunk driving. A driver who has been awake for 18 hours has the impairment equivalent of a 0.08 blood alcohol level. The driver who killed your family member probably lied about it on their logbook.

Federal Hours of Service (HOS) Rules

The FMCSA sets strict limits on commercial driver hours:

  • 11-Hour Driving Limit: A driver may only drive 11 hours after 10 consecutive hours off duty.
  • 14-Hour Window: A driver cannot drive beyond the 14th consecutive hour after coming on duty.
  • 30-Minute Break: Drivers must take a 30-minute break after 8 hours of driving.
  • 60/70 Hour Limit: Drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days.

Drivers lie. Carriers lie. We prove it.

Signs of Fatigue

  • Lane departure without apparent cause
  • No braking before impact
  • Hours of service violations
  • Long shifts or multiple short sleep periods

How We Prove Driver Fatigue

We don't just ask them; we prove it using data:

  • Electronic Logging Devices (ELDs): GPS data that shows exactly when the truck was moving.
  • Gas Station Receipts: Credit card records prove where the driver was and when—impossible to fake.
  • Bill of Lading: Shows pickup/delivery times that may contradict the driver's claimed sleep periods.
  • Cell Phone Records: Tower pings and usage logs prove driver location and wakefulness.
  • Toll Records: Electronic toll data creates an independent timeline.

Trucking Company Liability

Companies that pressure drivers to violate hours of service rules are liable for the resulting crashes. When we subpoena their dispatch records, we often find messages like "need you to push through" or load assignments that are impossible without HOS violations.

Jason Hicks

About the Author

Jason Hicks is a trial lawyer specializing in catastrophic injury and civil rights litigation. He has recovered over $30 million for clients across Oklahoma.