Call Us (318) 221-1508

EXCEPTIONAL

RESULTS

OUTSTANDING

REVIEWS

WAS YOUR TRUCK ACCIDENT CAUSED BY A FATIGUED DRIVER?

Trey Morris and Justin Dewett, Morris & Dewett Partners

How Fatigue Causes Truck Accidents

A fully loaded commercial truck can weigh 80,000 pounds. At highway speed, that vehicle needs roughly 525 feet to stop. When the driver behind the wheel is fatigued, reaction time increases and stopping distance grows. The National Transportation Safety Board has identified fatigue as a factor in approximately 30 to 40 percent of all large truck crashes nationwide.

Fatigue degrades driving ability in measurable ways. A driver who has been awake for 18 hours performs at a level comparable to someone with a blood alcohol concentration of 0.05 percent. At 24 hours without sleep, impairment matches a BAC of 0.10 percent, which exceeds the legal limit. These are not estimates. They come from peer reviewed studies on sleep deprivation and motor function.

Common indicators of fatigued driving in truck accident cases include lane departure without correction, failure to brake before impact, absence of evasive steering, and rear end collisions at full speed. Crash reconstruction experts look for these patterns when analyzing whether fatigue played a role. In Shreveport and along the I-20 corridor through Caddo Parish, commercial truck traffic is constant. The volume of freight movement through northwest Louisiana creates conditions where fatigued driving occurs regularly.

FMCSA Hours of Service Regulations

The Federal Motor Carrier Safety Administration publishes Hours of Service regulations under 49 CFR Part 395. These rules set mandatory limits on how long a commercial driver can operate a vehicle before resting. The regulations apply to all drivers operating commercial motor vehicles in interstate commerce and to intrastate carriers in states that adopt federal standards.

The core limits are specific. A driver may drive a maximum of 11 hours after 10 consecutive hours off duty. The 14 hour rule prohibits driving beyond 14 hours after coming on duty, regardless of breaks taken during that window. After 8 cumulative hours of driving, a driver must take at least a 30 minute break before continuing. The weekly limits cap total on duty time at 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

A driver can reset the weekly clock by taking 34 consecutive hours off duty, known as the restart provision. Sleeper berth provisions allow drivers to split their 10 hour off duty period into two segments, but at least one segment must be at least 7 consecutive hours in the sleeper berth. The other segment must be at least 2 hours, either in the sleeper berth or off duty.

Violations of these limits are federal regulatory offenses. When a truck driver causes an accident while exceeding any of these limits, that violation serves as direct evidence of negligence. The regulations exist specifically to prevent fatigue related crashes, which makes them directly relevant to establishing fault.

Electronic Logging Devices and Evidence

Since December 2017, the FMCSA has required most commercial motor vehicles to use electronic logging devices. ELDs connect to the truck engine and automatically record driving time, engine hours, vehicle movement, and miles driven. This replaced the old system of paper logbooks, which drivers could falsify.

ELD data is critical evidence in fatigued driving cases. The device records when the engine was running, when the vehicle was moving, and how those periods align with the driver's logged duty status. Attorneys can compare ELD records against dispatch logs, fuel receipts, toll records, and GPS data to determine whether a driver was operating beyond legal limits at the time of a crash.

Carriers must retain ELD records for a minimum of six months under federal law. However, some carriers attempt to overwrite or lose this data after an accident. Louisiana courts allow spoliation inferences when a party destroys or fails to preserve relevant evidence. If a trucking company fails to produce ELD data after a crash, the court may instruct the jury to presume the missing data was unfavorable to the carrier.

Preserving this evidence requires prompt action. An attorney handling a fatigued driver claim will typically send a spoliation letter to the trucking company within days of the crash. This letter demands preservation of all ELD data, driver logs, dispatch records, maintenance records, and communication between the driver and dispatch.

Carrier Liability for Fatigued Drivers

Trucking companies bear legal responsibility for the conduct of their drivers under the doctrine of respondeat superior. When a driver causes a crash while performing duties within the scope of employment, the carrier is liable for the resulting damages. Louisiana Civil Code Article 2320 establishes employer liability for the acts of employees.

Beyond vicarious liability, carriers face direct negligence claims for their own conduct. A carrier that pressures drivers to exceed Hours of Service limits, sets delivery schedules that require speeding or skipping rest, or fails to monitor ELD compliance acts negligently. Dispatch records often reveal this pressure. Text messages, emails, and routing software logs can show that the company knew or should have known a driver was fatigued.

FMCSA regulations place affirmative duties on carriers under 49 CFR 395.3. The carrier must not require or permit a driver to operate beyond the Hours of Service limits. This is not a passive obligation. Carriers must actively monitor driver logs and intervene when a driver approaches the limits. Failure to do so constitutes negligence per se in many jurisdictions, meaning the violation itself establishes the breach of duty element without further proof.

Louisiana applies a duty, breach, cause, damages framework to negligence claims under La. C.C. Art. 2315. In a fatigued truck driver case, the duty element comes from both the general obligation to drive safely and the specific federal Hours of Service regulations. Breach is established by showing the driver exceeded those limits or drove while impaired by fatigue. Causation links that breach to the collision and resulting injuries. Damages include medical expenses, lost wages, pain and suffering, and other compensable losses.

The prescriptive period for filing a personal injury claim in Louisiana depends on the date of the accident. For accidents occurring on or after July 1, 2024, the prescriptive period is two years from the date of the accident. This applies under the amended La. C.C. Art. 3492. For accidents before that date, the former one year prescriptive period applied. Missing this deadline permanently bars the claim.

Louisiana adopted a comparative fault system with a modified bar under 2024 tort reform legislation. For accidents occurring on or after January 1, 2026, a plaintiff who is 51 percent or more at fault cannot recover damages. For accidents before that date, the pure comparative fault system applies, meaning a plaintiff can recover reduced damages regardless of their percentage of fault. In fatigued driver truck accident cases, the trucking company may argue the other driver contributed to the crash. Establishing the Hours of Service violation and fatigue evidence is critical to placing the majority of fault on the truck driver and carrier.

Louisiana also permits direct action against the trucking company's liability insurer under La. R.S. 22:1269. This means the injured party can name the insurance company as a defendant in the lawsuit. In truck accident cases involving commercial policies, this provides an additional avenue for recovery and brings the insurer directly into the litigation from the start.


Frequently Asked Questions

These are questions people often ask about this type of claim in Shreveport. The answers reflect Louisiana law and are general information, not legal advice for your specific situation.

What federal rules limit how many hours a truck driver can operate before resting?

The Federal Motor Carrier Safety Regulations (FMCSA) set the hours-of-service limits for commercial truck drivers. A driver may operate a commercial motor vehicle for no more than 11 hours after 10 consecutive hours off duty, and may not drive beyond the 14th hour after coming on duty. Drivers who exceed these limits are operating illegally, and a crash that occurs during an illegal driving window puts the carrier on notice of serious regulatory exposure.

How do I know if fatigue played a role in a truck accident that injured me near Shreveport?

The driver's electronic logging device (ELD) records every hour of driving and on-duty time and is required under 49 CFR Part 395.8 of the Federal Motor Carrier Safety Regulations (FMCSA). Driver logbooks, dispatch records, fuel receipts, and toll records can also show whether a driver was on the road longer than the law permits. This data must be preserved immediately after a crash because carriers are not required to keep it indefinitely.

Can the trucking company be held liable if its driver caused an accident because of fatigue?

Yes. A carrier that pressures drivers to meet delivery schedules in violation of hours-of-service limits can be held liable for the resulting harm, not just the driver. A carrier can also face liability if it knew a driver had a pattern of hours-of-service violations and dispatched that driver anyway. La. C.C. Art. 2324 addresses how responsibility is allocated when both the driver and the employer contributed to the same accident.

What is the prescriptive period for filing a fatigue-related truck accident claim in Louisiana?

For injuries that occurred on or after July 1, 2024, you have two years from the date of the accident to file under La. C.C. Art. 3493.1. For injuries before that date, the prior one-year prescriptive period under La. C.C. Art. 3492 applies. The clock runs from the date of injury, not from the date you retained an attorney or discovered the cause.

What happens to the ELD data and driver logs after a truck crash?

The Federal Motor Carrier Safety Regulations (FMCSA) require carriers to retain driver logs and ELD data for six months, but that retention window closes fast. Once the retention period ends, carriers have no legal obligation to preserve the data and it can be overwritten or destroyed. A spoliation letter sent to the carrier and its insurer as soon as possible after the crash puts them on legal notice to preserve all logs, device data, and related records.

Can a truck driver be individually liable for a fatigue-related crash, or does liability fall only on the company?

Both can be liable. A driver who chooses to operate beyond legal hours-of-service limits is personally negligent, regardless of any pressure from the carrier. The carrier faces liability for its own decisions, including how it scheduled routes and whether it monitored driver compliance. La. C.C. Art. 2324 allows a court to apportion fault among multiple defendants, so pursuing both the driver and the carrier is standard practice in these cases.