Consider this. You are driving on one of Houston’s busy highways—perhaps I-10—and suddenly a large commercial truck turns, skids or gets out of control. You pull up and think, “How can it happen?” You will soon find that one of the major causes may be driver fatigue and if you are receiving benefits from it, there are some things a skilled Houston personal injury attorney would like you to know.
The fatigue factor: what’s really going on
Many people assume truck accidents are just about speeding or reckless driving. But in fact, fatigue plays a heavy role. The Federal Motor Carrier Safety Administration (FMCSA) and others say tired drivers are a serious hazard. Here’s why: long hours behind the wheel, pressure to make a delivery, irregular sleep patterns—these add up. When a large commercial truck is driven while the driver is fatigued, the risk to everyone else on the road goes way up.
Why Houston matters
Houston is not just a big city, but also a freight center. The highways of I-10, Beltway 8 and US-59 carry a great deal of truck traffic. Thus, there are more chances for fatigue-related crashes. If the truck driver has been driving too long, failed to take enough rest breaks, or violated log laws, you may have a good case.
What the regulations say
These rules matter because they give your lawyer a roadmap. For instance:
- A driver may not drive more than 11 consecutive hours after at least 10 hours off-duty.
- After those 10 hours off you’ve got a 14-hour window in which the driver must finish work and then get another 10 hours off.
- Also, there are limits on total hours in a 7- or 8-day period (60 or 70 hours depending on the employer).
If a truck driver or trucking company broke these rules, that violation can help your case.
Building your case: what your Houston injury lawyer will focus on
Here’s what matters when fatigue is involved:
- Logbooks and electronic logging device (ELD) data: They show how long the driver was active, when breaks were taken (if at all).
- Black box / ECM data: Speed, braking, vehicle performance just before the crash.
- Sleep disorder records or driver health issues: For example, if the driver had untreated sleep apnea that impaired him.
- Company policies: Did the trucking company push drivers too hard, give unrealistic delivery schedules, ignore rest breaks? That may show employer liability.
- Scene evidence: Tire marks, lane drift, witnesses who say the truck was “all over the road”—these might point to fatigue.
The emotional and human side
Let’s be real: you wouldn’t expect a massive rig to roll or swerve because the driver nodded off. But it happens. You’re hurt, your car is damaged, maybe a loved one is in recovery. Your life shifts in seconds. Your lawyer will tell you: your pain, loss of normal life, fear, sleepless nights—all that matters. Fatigue isn’t just a rule violation—it’s something that ripples through your world. A good attorney treats you like a person, not just a case number.
Why time matters
If you wait too long, evidence disappears. Logbooks get overwritten, ELDs cleared, witnesses fade. A Houston truck accident attorney will send preservation letters, gather data fast. And Texas law generally gives you two years from the accident date to file a personal injury lawsuit. So action sooner rather than later improves your chances.
What you should do if you’re in this situation
- Get medical attention immediately; have your injuries recorded.
- Take photographs of the accident scene, truck’s license plate, damage, skid marks.
- Do not give a recorded statement to the truck company’s insurance company nor admit to any fault; talk to your lawyer first.
- Keep a record of your medical appointments and treatment, and of the days you are out of work.
- Contact Houston personal injury lawyer who is experienced in truck accidents and fatigue cases.
FAQs
- What is “truck driver fatigue” exactly?
It means the driver is overly tired, run down or sleepy when driving. It may come from too many hours or bad sleep or it may be medical like sleep apnea. Because of this reaction time is slowed down, judgment is clouded and mistakes occur.
- Can I hold the trucking company liable, not just the driver?
Yes. If the company pressured the driver, denied rest breaks, failed to check logs or schemed impossible deliveries, then the company may share responsibility. This is something your lawyer will look into.
- What type of compensation might I recover?
You may recover medical bills, lost wages, future earning capacity, damages for pain and suffering, possibly either property damage and in tragic cases wrongful death. Your lawyer will help you quantify what you have lost or will lose.
- How do you prove the truck driver was fatigued?
You look at logs, ELD information, rest breaks, driver health care records, company scheduling witnesses statements and vehicle data. All of this helps paint a picture that the driver was too fatigued to safely operate.
- What happens if I wait too long to act?
Evidence disappears fast. There are time limits (generally two years in Texas). If you wait long enough, you may lose your right to sue or weaken your case. It is best to contact a lawyer sooner.
