Hurt by a Truck Driver Who Fell Asleep at the Wheel?

Truck Driver Fell Asleep Crash Lawyer Georgia

Need a truck driver fell asleep crash lawyer Georgia? Start with the clock the driver had to follow. A truck driver fatigue crash is a wreck in which a commercial driver’s exhaustion, or driving past legal hours, helped cause the collision. T. Madden & Associates, P.C. represents people hurt in truck crashes and families of people killed in them. The firm has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta.

What a Truck Driver Fatigue Crash Claim Covers

A fatigue crash claim seeks payment for injuries or a death caused by a truck driver who was too tired to drive safely or who drove too long. The driver does not have to fall asleep for fatigue to play a role. Fatigue claims often involve:

• Rear-end collisions where the truck did not slow in time
• Lane departures and run-off-road crashes
• Intersection crashes where the driver did not react
• Crashes where logs show driving past legal limits

The claim may belong to an injured driver or passenger, or to the family of someone killed. We also handle truck accident claims that do not involve fatigue.

The Federal Hours-of-Service Rules Truck Drivers Must Follow

Federal hours-of-service rules set limits on driving time and rest. Except for drivers who qualify for a short-haul exception, a driver may not drive if more than 8 hours of driving time have passed without at least a 30-minute interruption in driving status under 49 CFR 395.3(a)(3)(ii). The rules on driving and on-duty time for drivers of property-carrying commercial motor vehicles appear in 49 CFR 395.3.

• 10 hours off first. A driver may not drive without first taking 10 consecutive hours off duty.
• 14-hour window. A driver may not drive after 14 consecutive hours from coming on duty, following 10 hours off.
• 11 hours of driving. A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of 49 C.F.R. § 395.3.
• Weekly caps. A driver may not drive after 60 hours on duty in 7 days, or 70 hours in 8 days, depending on the carrier’s schedule. A 34-hour off-duty period can restart those counts.

The rules have exceptions, so the facts of each trip matter.

Separately, 49 CFR 392.3 bars a driver from operating a commercial motor vehicle when fatigue, illness, or any other cause makes the driver’s ability or alertness so impaired, or so likely to become impaired, that driving is unsafe. The regulation also provides a grave-emergency exception: where compliance would increase the hazard to occupants or other highway users, the driver may continue to operate the vehicle to the nearest place at which that hazard is removed.

Under 49 CFR 395.8, subsection (e), no driver or motor carrier may make a false report in connection with a duty status, and no driver or motor carrier may tamper with an ELD so that the device does not accurately record and retain required data.

How Hours-of-Service Violations Show Up After a Truck Crash

Hours-of-service violations usually leave traces in the driver’s logs and trip records. Investigators look for these signs:

• Logs past the limits. Duty-status records may show driving beyond the 11-hour or 14-hour limits.
• Gaps and edits. Missing entries or late changes raise questions about the record.
• Paperwork that does not match. Fuel receipts, toll records and GPS timestamps can be checked against the logs.
• Dispatch timing. Delivery schedules and dispatch messages can show whether a run needed more driving time than the rules allow.
• Accounts of rest. What the driver said about sleep, and what was said to police at the scene, becomes part of the review.

A crash on those routes can involve many records, and each one can be compared with the others.

Evidence That Needs to Be Preserved Early

The electronic log and trip records are often the most important evidence. Early requests help keep them available.

Federal rules bar false reports about a duty status and tampering with an ELD so that it does not accurately record and retain required data, under 49 CFR 395.8.

Evidence worth requesting early includes:

• ELD data and duty-status records
• The driver’s qualification file and training records
• Dispatch messages, bills of lading and trip sheets
• Fuel, toll and payment receipts
• The police crash report, photos, vehicle damage and witness names

Who Can Be Held Responsible in a Fatigue Crash

Responsibility can reach the driver. It can also reach the trucking company that scheduled or allowed the driving. Federal rules bar a motor carrier from requiring or permitting a driver to operate a commercial motor vehicle while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe, under 49 CFR 392.3, except in a case of grave emergency where compliance would increase the hazard, in which case the driver may continue to the nearest place at which that hazard is removed.

Georgia uses a fault-sharing rule. An award is reduced by the injured person’s share of fault. Under O.C.G.A. § 51-12-33, a plaintiff who is 50 percent or more responsible recovers no damages. Each liable person pays its own apportioned share, not a joint amount. How this rule applies depends on the facts.

In a wrongful death case involving a spouse or parent, the surviving spouse or, if there is no surviving spouse, a child or children may recover the full value of the life of the decedent, as shown by the evidence, under O.C.G.A. § 51-4-2.

How a Fatigue Crash Case Moves Forward

A case starts with a free first consultation. Records requests and investigation follow.

1. Free consultation. You describe the crash. The free first consultation is confidential and has no obligation to continue.
2. Preservation letters. A written preservation request can ask a carrier to keep logs, ELD data and dispatch files, and to produce those records.
3. Records review. The crash report, medical records and the driver’s work history are reviewed. Our support staff help gather these records.
4. Investigation and next steps. Investigation can include interviews and reconstruction. The case may move to a demand to the insurer or to a lawsuit.

Georgia’s general deadline for personal injury claims is two years after the right of action accrues. See O.C.G.A. § 9-3-33. The statute has exceptions, so early action matters.

We work on a no-fee-unless-we-win basis. You may still be responsible for court costs and case expenses.

About T. Madden & Associates, P.C.

Terance Madden is the responsible lawyer. The firm has practiced personal injury law in Georgia since 1999.

• Offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta
• Support staff who handle records requests and scheduling, with Terance Madden as the lawyer
• Practice areas that include truck accidents, catastrophic injury and wrongful death, plus car, motorcycle and e-bike crashes, slip and falls, nursing home abuse, medical malpractice and negligent security
• A free first consultation, confidential and with no obligation to continue
• Phone contact available any time, day or night

Common Questions About Fatigue Crash Claims

The questions below cover common concerns after a truck crash.

Talk to a Lawyer About a Truck Driver Fell Asleep Crash in Georgia Soon

Carriers must keep records of duty status for at least 6 months from receipt under 49 CFR 395.8(k). To discuss a truck crash, contact T. Madden & Associates, P.C. for a free first consultation that is confidential and without obligation. Start your free case evaluation through our contact page. You can also call us any time, day or night. Your free first consultation is confidential and carries no obligation to continue.