Can You Sue a Trucking Company If Their Driver Fell Asleep?

Can You Sue a Trucking Company If Their Driver Fell Asleep?

If a driver fell asleep behind the wheel of a commercial truck, the consequences could be devastating. Drowsy driving is one of the most dangerous hazards on the road, and when it involves an 80,000-pound truck, even a moment of fatigue can lead to catastrophic injuries or worse.

If you or a loved one has been injured in a crash caused by a truck driver who fell asleep, you may be wondering whether you can hold not only the driver, but also the trucking company, responsible. In many cases, the answer is yes.

Video Transcript:

The clock starts ticking immediately after the accident. So let’s talk about what needs to be done immediately after the accident to preserve evidence and make sure the evidence doesn’t disappear.

Trucking companies have unlimited resources. They have teams of investigators, insurance adjusters, and safety and risk assessment people at the trucking company who will go out to the scene of the accident immediately after it happens.

They will take photographs. They will do measurements. You want someone on your side to be able to do the same.

So in trucking accidents, it is much more critically important than in a typical car accident to reach out to an attorney as soon as possible after the accident occurs so that your attorney can go out to the scene of the accident, take photographs, and take experts.

What we do is our attorneys will actually go out to the scene of the accident. We will hire experts who specialize in trucking accident reconstruction. They will do the same. They will take measurements, take photographs, and measure the distance between gouges in the roadway and where the vehicles came to rest.

They will go to the tow yard, take photographs, and talk with police officers. These are things that must be done as soon as the accident happens.

In addition to that, if your attorney has experience handling these cases, they know the need to immediately send correspondence and talk with the trucking company representatives to make sure that they fulfill their legal obligation not to spoliate evidence.

So we reach out to the trucking companies. We send a special letter to them and talk to them, reminding them of their legal duties not to spoliate any type of evidence, to preserve any type of dash cam videos they may have, and to preserve the vehicle before it is fixed or sent away to be disposed of.

If they don’t do that in response to our letter and we’re subsequently in court, they can be sanctioned and they can lose their right to defend the case.

Bottom line: in these big truck accident cases, it’s incredibly important to reach out to an attorney who has experience representing people in big truck accidents as soon as possible after the accident occurs so that we can start working on your case immediately.

If you have any other questions regarding what you should do after being struck by a big truck, please give me a call at 813-915-1110. I’m always happy to speak with you. The consultation is always free, and I look forward to speaking with you in the near future.

Who is responsible for an accident when the driver fell asleep?

When a driver falls asleep and causes a crash, the driver is typically the first party held accountable. All drivers have a legal duty to operate their vehicles safely, and that includes recognizing when they are too tired to continue driving.

However, liability often extends beyond the driver. In the trucking industry, fatigue is not always just a personal issue; it can result from systemic pressure from the company. Trucking companies are required to follow federal regulations that limit how long drivers can stay on the road without rest. These rules are designed to prevent accidents caused by exhaustion.

How Trucking Companies Contribute to Fatigue

Driver fatigue is one of the leading causes of truck accidents, and many of these crashes are preventable. When a driver falls asleep, it is important to examine the company’s role in creating unsafe conditions. Common examples of negligence by trucking companies include:

• Encouraging drivers to exceed federally mandated hours-of-service limits
• Failing to monitor driver logs or ignoring violations
• Offering incentives for completing trips faster, regardless of safety
• Neglecting to provide proper training about fatigue and rest requirements

These actions can create an environment where falling asleep at the wheel becomes far more likely. When that happens, the company may be held liable for the harm caused.

Can You Recover Punitive Damages?

In some cases, when a driver fell asleep due to especially reckless or intentional conduct by a trucking company, victims may be eligible for punitive damages. Unlike compensation for medical bills, lost wages, or pain and suffering, punitive damages are meant to punish wrongdoing and deter similar behavior in the future.

For example, if a company knowingly forced drivers to violate safety regulations or falsify driving logs, a court may find that their conduct rises to the level required for punitive damages. These claims send a strong message that public safety cannot be ignored.

How an Attorney From Our Firm Can Prove What Happened

Proving that a driver fell asleep is not always straightforward. Trucking companies and their insurers often act quickly to protect themselves after a crash. That’s why working with an experienced Truck Accident Law Firm is critical.

A lawyer at Hancock Injury Attorneys can conduct a thorough investigation by gathering key evidence, such as:

• Driver logbooks and electronic logging device (ELD) data
• Employment and dispatch records
• Maintenance and inspection reports
• Witness statements and accident reconstruction findings

By analyzing this information, your attorney can identify whether the driver violated hours-of-service regulations or whether the trucking company played a role in causing fatigue. This evidence is essential to building a strong claim and holding all responsible parties accountable.

Protecting Your Rights After a Fatigue-Related Truck Crash

If a driver fell asleep and caused a serious accident, the impact on the victims could be life-changing. These crashes often result in severe injuries, long-term medical care, and significant financial stress. You should not have to face these challenges alone, especially when the crash was preventable.

At Hancock Injury Attorneys, we understand how devastating fatigue-related truck accidents can be. Our team is dedicated to helping victims uncover the truth, hold negligent parties accountable, and pursue the compensation they deserve.