Hurt in a car or truck crash?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
Signs a truck driver fell asleep
Some crashes point to fatigue on their own. A truck that drifts across lanes, leaves the road on a straight stretch or hits stopped traffic without braking often had a driver who was not alert. Witnesses may describe the truck weaving or the driver looking dazed after the crash. Note what you saw as soon as you can, while the details are fresh.
Time of day matters too. Crashes in the early morning hours or late afternoon, after long shifts, are common fatigue cases. A driver near the end of a long run, or one who drove through the night, deserves a closer look. Our page on being rear-ended by a semi covers one crash type where fatigue often comes up.
The federal limits on driving hours
A property-carrying driver may drive at most 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty and must take a 30-minute break after 8 cumulative hours of driving (49 C.F.R. 395.3). A driver can be within these limits and still be too tired to drive, which is why the fatigue rule applies separately.
Carriers must keep drivers’ records of duty status, including electronic logging device records and supporting documents, for six months (49 C.F.R. 395.8). Read how hours-of-service logs prove a tired truck driver for what those records include and how they are checked against each other. The goal is a timeline of the driver’s last few days, hour by hour.
Free accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Building the proof
Logs alone may not tell the full story. Fuel receipts, toll records, delivery times, GPS data and the driver’s phone records can show whether the logs were accurate. Engine data can show a lack of braking before impact. Dashcams that face the driver can show eyes closing or the head dropping. See truck black box and dashcam evidence.
The driver qualification file can matter too. Carriers must keep each driver’s application, motor vehicle record and medical examiner’s certificate (49 C.F.R. 391.51). A medical history or a past pattern of hours problems can show that the company had reason to watch this driver more closely. A lawyer can request the file once a claim or lawsuit is underway.
What to do now
Get medical care and follow up, since crashes with a sleeping driver often happen without braking and at full speed. Photograph the truck, its USDOT number, the lanes and the absence of skid marks. Write down witness names and numbers, the time of the crash and every claim number you receive.
Do not sign a release or give a recorded statement to the trucking insurer before you speak with a lawyer. Keep receipts and a list of missed work. In California the general deadline to file an injury lawsuit is two years (Code of Civil Procedure 335.1). In Washington it is generally three years (RCW 4.16.080).
How Beverly Law can help
We send the trucking company a written request to keep logs, engine data, dashcam video and dispatch records, then compare them with outside records to test their accuracy. If drug or alcohol testing was required after the crash, we ask for those results too. See drug and alcohol testing after a truck crash.
You owe no fees or costs unless we win. Read about our California truck accident lawyer services or what drives the value of a truck case. The first conversation is free, and our team speaks Spanish. We explain each step in plain language and keep you updated. Call (310) 552-6959 or use the form on this page.
Common questions
How do you prove a truck driver was tired?
By comparing the driver’s electronic logs with fuel receipts, toll records, GPS data, delivery times and phone records. Engine data showing no braking, a driver-facing camera and witness accounts can add to that. Together they can show long hours, missed rest or signs of dozing.
Can a truck driver be fatigued even within the hour limits?
Yes. Federal rules separately bar a driver from operating while too fatigued or ill to drive safely. A driver who slept poorly or has an untreated sleep problem can be a hazard on the road even while staying under the 11-hour driving limit.
Is the trucking company responsible if its driver fell asleep?
Usually, when the driver was working at the time. In California the employer is generally liable for an employee’s careless driving on the job. If the schedule pushed the driver past safe limits, the company’s own choices can also become part of the claim.
How long do trucking companies keep driver logs?
Federal rules require carriers to keep records of duty status, including electronic logging device data and supporting documents, for six months. After that they may be gone, so a lawyer should ask in writing for them to be preserved as soon as possible.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.