Yes, a truck driver who stays behind the wheel when too tired to drive safely may be legally responsible for the crash that follows, and the trucking company may share the blame. One moment you are driving down a Colorado interstate, and the next a drowsy driver’s trailer drifts into your lane with no time to react.
If a fatigued trucker hurt you, our 18-wheeler accident lawyers at Mintz Law Firm can help you pursue compensation for medical bills, lost income, and other losses. Here is how liability for drowsy driving works in Colorado, and what may help prove it.
How Drowsy Driving Creates Legal Liability
Every driver on Colorado roads owes others a duty to use reasonable care. A trucker who keeps driving while exhausted or ignores warning signs such as heavy eyelids and drifting between lanes may be negligent because fatigue slows reaction time.
Truck drivers also operate vehicles that take far longer to stop than a passenger car, so a few seconds of lost attention can cause a devastating collision. That is why the law takes tired driving by commercial drivers seriously.
Federal Hours-of-Service Rules and Your Claim
The Federal Motor Carrier Safety Administration limits how long truck drivers can work to reduce fatigue-related crashes. According to the FMCSA summary of hours-of-service regulations, a property-carrying driver may drive up to 11 hours after 10 consecutive hours off duty, cannot drive past the 14th consecutive hour after coming on duty, and must take a 30-minute break after 8 cumulative hours of driving without a pause.
Evidence that a driver broke these limits can strengthen a fatigue claim, although a violation alone does not prove fault. Colorado also follows a modified comparative negligence rule, so the trucking company’s insurer may try to argue you share some blame.
Who May Share Responsibility for a Fatigue Crash
Fault does not always stop with the person driving the truck. Depending on the facts, more than one party may be responsible.
The Driver
A driver who knowingly exceeds federal limits, falsifies a logbook, or keeps driving despite obvious exhaustion may be held personally responsible for the harm caused.
The Trucking Company
A carrier that sets unrealistic delivery schedules, pressures drivers to skip rest, or fails to monitor logs may share liability. Responsibility in trucking cases often extends beyond the person at the wheel, as it can be after crashes caused by brake failure, so commercial vehicle accident claims often closely examine company practices.
Evidence That May Show Driver Fatigue
Proving tiredness takes more than a suspicion, so records matter. These sources may help show how long a driver had been working before the crash:
- Electronic Logging Data: Driving time, duty status, and breaks that can be compared with federal limits
- Dispatch Records: Delivery schedules, route plans, and messages that may show time pressure on the driver
- Vehicle and Camera Data: Braking, speed, and lane position information, along with any dashcam video
- Company Files: A driver’s past hours-of-service violations and the training the company provided
- Receipts and Timestamps: Fuel, toll, and weigh station records that show where the truck was and when
Records can be overwritten or discarded over time, so acting quickly improves your chances of securing them. The critical steps after a semi truck accident on I-70 are a good place to start.
Colorado Roads and Out-of-State Drivers
Long Colorado hauls and steep mountain passes demand constant focus, and tired drivers have less to give, which can make even a short stretch of road more dangerous. Other common causes of truck accidents in Colorado’s mountain passes may be at work too, and we review them all. If your crash happened near Lakewood, our truck accident lawyers in Lakewood are ready to review what happened.
Many long-haul drivers live and work in other states. If one hurts you here, hire a Colorado attorney because a lawsuit would likely be filed in Colorado and Colorado law would likely apply. If you live elsewhere, we have experience working with available insurance coverage so you can get the medical treatment you need in your home state.
Contact Mintz Law Firm About a Drowsy Driving Truck Crash
A tired truck driver and the company that scheduled the trip may both be held responsible when fatigue causes a crash, and strong records can make a real difference. Our firm has helped injured clients for more than 30 years, and we treat you as a person, not a number. We stay honest and upfront and stay in regular contact through every step of the legal process.
We work on a contingency fee basis, so you pay no fees unless we win financial compensation for your injuries or losses, and your consultation is free with zero obligation. Tell us what happened through our contact form to schedule your free consultation today.