Can I bring a claim if a tired truck driver caused my crash in Georgia?
Yes. If a fatigued truck driver caused your crash in Georgia, you can seek compensation from the driver and, in many cases, the trucking company. Driving past the federal hours-of-service limits can be evidence of negligence. The Scott Pryor Law Group works to preserve the truck's logs and electronic data early, before they can be overwritten.
Key takeaways
- Federal hours-of-service rules limit how long truck drivers can drive and stay on duty.
- Driving past those limits can be evidence that the driver or the trucking company was negligent.
- Driver logs, the truck's electronic data and dispatch records show how long a driver was working.
- That data can be overwritten within weeks, so it needs to be preserved early.
- A trucking company that schedules drivers past the limits can share the blame.
What are the hours-of-service rules for truck drivers?
Federal hours-of-service rules limit how long a commercial truck driver can drive, and how long they can stay on duty, before they must rest. After a Georgia truck accident, The Scott Pryor Law Group checks the driver’s hours against those limits, because a violation can show that fatigue helped cause the crash.
For drivers hauling property, the federal limits include:
| Rule | What it means |
|---|---|
| 11-hour driving limit | A driver may drive up to 11 hours after 10 consecutive hours off duty. |
| 14-hour limit | A carrier may not let or require a driver to drive after the 14th hour on duty following 10 consecutive hours off duty, with some exceptions. |
| 60- and 70-hour limits | A carrier may not let or require a driver to drive after 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days. |
| 34-hour restart | The 7- or 8-day period can start over after 34 or more consecutive hours off duty. |
The 14-hour limit runs on the clock. A driver who comes on duty at 6 a.m. after 10 hours off may not drive after 8 p.m. that day, unless an exception applies, even with time left on the 11-hour limit.
Drivers carrying passengers have different limits. They may drive up to 10 hours after 8 consecutive hours off duty, and may not drive after 15 hours on duty following 8 hours off.
Georgia law addresses driver hours too: Trucking companies must follow strict safety regulations, including limits on driver hours and maintenance requirements. O.C.G.A. § 40-1-8
Look at who the rules bind. Several of them say what a carrier may not let or require a driver to do, so a company that schedules a driver past the limits can be at fault along with the driver.
Why is truck driver fatigue dangerous?
A tired truck driver reacts more slowly and can lose focus or fall asleep at the wheel, in a vehicle that can weigh 80,000 pounds or more when fully loaded. When a Georgia truck crash involves a drowsy driver, The Scott Pryor Law Group looks at how long the driver had been working and what the truck’s data shows.
Drowsy driving is dangerous in any vehicle. The FMCSA compares being awake for 18 hours to having a blood alcohol concentration of 0.08%. Long-haul drivers, truckers among them, face a higher risk of crashing because of drowsiness.
A fatigued driver can have a lapse in attention and miss that the traffic ahead has slowed or stopped. In a heavy truck, a late reaction leaves little room to stop. An average passenger vehicle weighs about 4,000 pounds, a fraction of a loaded 18-wheeler, and the people in it take the force of the crash. The National Safety Council reported that 5,788 people were killed in large-truck crashes in 2021. Of those, 72% were in other vehicles, and 11% were pedestrians or bicyclists.
How do you prove a truck driver was fatigued?
Proof of truck driver fatigue usually comes from records: hours-of-service logs, the truck’s electronic data, and dispatch and delivery records that show how long the driver had been working. The Scott Pryor Law Group demands that the trucking company preserve those records as soon as you retain the firm for a Georgia truck accident claim.
The evidence we gather:
- Hours logs and logging-device data. How long the driver had been driving and on duty before the crash.
- The truck’s black box. The electronic control module (ECM) can record speed and braking in the moments before impact. No braking before a collision can point to a lapse in attention.
- Dispatch and delivery records. The schedule the driver was given, and whether it could be met within the limits.
- The driver’s history. Past violations, driving record and medical condition.
- The company’s records. Hiring, training and how the company kept track of its drivers’ hours.
- Witnesses and the police report. What people saw before and after the crash.
Records do not always agree. Logs that do not match the truck’s own data are evidence in themselves, because they can point to hours someone tried to hide.
Time matters. Logging-device data can be overwritten within weeks, and camera footage can be deleted. If you think the driver was tired, tell us what you saw and what the driver said. We take it from there.
Can the trucking company be liable for a tired driver?
A trucking company can share the blame for a fatigue crash in Georgia. A company that sets schedules a driver cannot meet within the hours limits, rewards drivers for pushing on, or ignores problems in the logs may be responsible alongside the driver. The Scott Pryor Law Group reviews the company’s policies and records as well as the driver’s.
A violation of state or federal hours rules may be negligence by the driver, the trucking company or both. The company controls the schedule, the dispatch and the pay. When those push a driver past the limits, the company’s own choices are part of the case. The company records we review include:
- Driver schedules, dispatch records and the delivery deadlines the driver was given
- How the company tracked its drivers’ hours, and what it did about log violations
- Hiring, training and background checks for the driver
- Any policy that rewarded drivers for speed or for staying on the road while tired
When the driver was working for the company, the company may also be responsible for the driver’s conduct. Our post on suing the truck driver or the trucking company explains who can be named.
Georgia’s rule on punitive damages: Punitive damages are reserved for situations where the defendant's actions demonstrate willful misconduct, fraud, malice, or gross negligence. O.C.G.A. § 51-12-5.1 Whether it applies depends on the evidence, including what the company knew about its driver’s hours.
Expect the insurer to argue that you share the blame. Georgia’s comparative negligence rule: If you are less than 50% at fault, you can still recover damages, reduced by your percentage of fault. O.C.G.A. § 51-12-33 The truck’s data and the driver’s logs often answer that argument.
The deadline to file: Victims generally have two years to file a personal injury lawsuit. O.C.G.A. § 9-3-33 Our Georgia truck accident lawyer page explains why the practical deadline in a truck case comes much sooner, and what to do after a crash. Schedule a free consultation. Phones answered 24/7.
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