Driver Fatigue and Truck Accidents


The most dangerous time to share the road with a trucker is when they’re fighting to stay awake. When a truck driver is tired, their 80,000-pound commercial vehicle can become a dangerous weapon, capable of devastating everything in its path.

If you or a loved one were involved in a truck accident caused by driver fatigue, you have the right to seek justice with the help of a Milwaukee truck accident attorney.

Why Is Truck Driver Fatigue So Dangerous?

For truck drivers who spend long hours behind the wheel, fatigue is an occupational hazard that can have deadly consequences. When you are tired, your brain does not function at full capacity—your attention wanders, your reflexes slow down, and your judgment becomes clouded. This heightens the risk of an accident.

Behind the wheel of a massive commercial truck, these impairments become more dangerous. A fatigued truck driver may drift between lanes without realizing it or misjudge whether they have enough space to change lanes safely.

They might fail to account for weather conditions when determining safe following distances, make unusually aggressive maneuvers, or miss warning signs like flashing lights, road construction signals, or the brake lights of vehicles ahead.

How Do Federal Regulations Help Prevent Fatigue?

The Federal Motor Carrier Safety Administration (FMCSA) has established Hours of Service regulations that apply to all commercial truck drivers, including those operating in Wisconsin. These federal rules limit how long drivers can operate their vehicles and ensure they get adequate rest between shifts.

The key Hours of Service regulations include:

  • 11-Hour Driving Limit: Drivers may operate their trucks for a maximum of 11 hours after taking 10 consecutive hours off duty.
  • 14-Hour Window: Drivers cannot operate beyond 14 consecutive hours after coming on duty, regardless of actual driving time.
  • 30-Minute Break Rule: A mandatory 30-minute break is required after 8 cumulative hours of driving.
  • Weekly Limits: Drivers cannot exceed 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days.
  • 34-Hour Restart: Drivers must take at least 34 consecutive hours off duty to reset their weekly hour limits.

Who Is Liable for a Truck Accident Caused by Driver Fatigue?

When a fatigued truck driver causes an accident, multiple parties may bear responsibility for your injuries. The driver can be held liable for violating Hours of Service regulations or choosing to drive while impaired by fatigue. However, trucking companies often share responsibility.

Some companies create environments where drivers feel compelled to drive while fatigued to keep their jobs or earn bonuses. They may have pressured drivers to meet unrealistic delivery schedules, failed to monitor compliance with federal regulations, or incentivized drivers to falsify logbooks.

In these situations, the company’s negligent policies and practices make them equally responsible for resulting accidents.

Discuss Your Case with Cannon & Dunphy S.C.

If you’ve been injured by a Wisconsin trucker who violated hours-of-service regulations, you deserve justice for their reckless choice.

Cannon & Dunphy S.C. represents victims of trucking accidents throughout Wisconsin—we know how to build a compelling case that proves the driver’s fatigue and your right to compensation.

Contact us at (262) 668-8884 for a free consultation about your legal options.