If truck driver fatigue caused an accident that left you or a loved one injured, seeking justice can be complicated. It can involve holding the responsible parties accountable through extensive investigation, proving that fatigue was a factor, and building a claim for damages.
This is not a single step but a series of managed stages often handled most effectively by an experienced truck accident lawyer. That lawyer can work to secure fair compensation for your injuries.
The lawyers at Nicolet Law help injury victims in Wisconsin, Minnesota, North Dakota, and Iowa through this complex process. We handle the legal work so you can focus on your recovery.
When a commercial truck accident happens, insurance adjusters representing the trucking company act to protect their business's financial interests. This often involves efforts to undermine the accident victim’s story and unfairly assign fault to them.
Their goal is often to minimize or deny a claim. An experienced truck accident attorney works to level the playing field, ensuring your rights are protected from the start.
A successful claim for a drowsy truck driver accident requires a clear strategy for proving fault and documenting the full extent of your losses.
Are you prepared for the legal challenges ahead? Explore the following legal insights in more depth during a free case evaluation with a truck accident attorney from Nicolet Law.
Message us online or call 1-855-NICOLET. We are available 24/7 for residents in Wisconsin, Minnesota, Iowa, and North Dakota.
Injured? Get Nicolet.
Key Takeaways About Accidents Caused by Truck Driver Fatigue
- Proving fatigue requires specific evidence. Lawyers can look beyond the crash scene for evidence, such as logbook violations, electronic logging device (ELD) data, and unrealistic delivery schedules, to prove that the truck driver or their employer was negligent.
- Multiple parties may be liable. Liability can extend from the fatigued truck driver to the trucking company for negligent hiring, supervision, or for pressuring drivers to violate federal hours-of-service rules.
- Deadlines for filing are strict and vary by state. The statute of limitations for truck accident claims is different across the Midwest. A lawyer can manage these critical deadlines to help protect your right to pursue full and fair compensation.
- Insurers may attempt to challenge your claim. Commercial trucking insurers may dispute the cause of the crash or the severity of your injuries. An attorney can manage all communications with them and build a case strong enough to counter these tactics.
Truck Driver Fatigue Accident Statistics
While federal regulations exist to prevent drowsy driving, accidents caused by truck driver fatigue remain a serious issue.
According to the Federal Motor Carrier Safety Administration (FMCSA) (NHTSA), a three-year study found that 13 percent of the truck drivers coded as being fatigued at the time of a crash.
These accidents are prevalent across the Midwest. As recently as 2025, the FMCSA reported that:
- Wisconsin saw 1,803 fatal and non-fatal crashes involving large trucks.
- Minnesota experienced a total of 1,692 large truck accidents and fatalities.
- North Dakota reported 267 fatal and non-fatal crashes involving commercial trucks.
- Iowa had a combined total of 1,668 truck-related accidents and fatalities on its roadways.
The data shows that despite rules, fatigue and negligence-related accidents continue to happen. A lawyer’s role is to use this context and specific evidence from your case to build a strong claim for compensation.
How Federal Regulations Impact Your Truck Accident Claim
The Federal Motor Carrier Safety Administration (FMCSA) sets strict hours-of-service rules to prevent truck driver fatigue. These regulations are not just guidelines; they are the law.
When a drowsy truck driver causes a crash, a violation of these rules can be powerful evidence of negligence.
A truck accident lawyer can investigate whether the driver or trucking company violated key FMCSA regulations, which include the following rules for property-carrying drivers:
- 11-hour driving limit: A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-hour on-duty limit: A driver may not drive beyond the 14th consecutive hour after coming on duty.
- 30-minute break requirement: Drivers must take a 30-minute break after eight cumulative hours of driving.
- 60/70-hour limit: Drivers are limited to 60 hours of driving in 7 consecutive days or 70 hours in 8 consecutive days.
A violation of these rules, such as falsifying a driver logbook or electronic logging device (ELD) data to show non-compliance, can establish a clear breach of duty. An attorney can use this evidence to directly link the driver's fatigue to the cause of the accident.
How Do Lawyers Prove Negligence in a Fatigued Driving Accident Case?
Proving that a truck driver was fatigued is more complex than showing they ran a red light. It requires a detailed investigation that often goes far beyond the accident scene itself.
A truck accident lawyer works to gather and analyze evidence to build a compelling case. Key sources of evidence often include:
- Electronic Logging Devices (ELDs): These devices digitally track a driver’s hours, speed, and vehicle movement. An attorney can analyze this data to find discrepancies or clear violations of hours-of-service rules.
- Driver logbooks: While ELDs are now standard, older logbooks or falsified records may still be a factor. Inconsistencies can point to an attempt to hide rule violations.
- Dispatch records and delivery schedules: Unrealistic schedules that pressure drivers to stay on the road too long can show that the trucking company contributed to the fatigue.
- Witness statements: Other drivers or individuals who saw the truck operating erratically before the crash can provide valuable testimony.
- Accident reconstruction: Experts can help analyze physical evidence from the crash, such as the absence of skid marks, to suggest that the driver may have been asleep or had a delayed reaction time.
A lawyer’s job is to assemble this evidence into a straightforward narrative demonstrating that the driver’s fatigue led directly to the accident and your injuries.
Who Is Liable for a Crash Caused by a Drowsy Truck Driver?
In a truck accident case, liability is not always limited to the driver. The trucking company can also be held responsible for the crash through a legal concept known as vicarious liability.
This means an employer is responsible for the negligent actions of its employees while they are on the job. Beyond vicarious liability, a trucking company may be directly negligent if it:
- Engaged in negligent hiring practices by employing a driver with a known history of safety violations or accidents.
- Failed to supervise drivers and did not properly monitor truckers for compliance with hours-of-service rules.
- Encouraged unsafe practices that created a company culture prioritizing or incentivizing delivery speed over safety, whether by implicitly or explicitly encouraging drivers to bend the rules.
An experienced lawyer can investigate the trucking company’s practices to determine if their negligence contributed to the crash. This can open up additional sources of recovery, which is especially important in cases involving catastrophic injuries like a traumatic brain injury or a spinal cord injury.
What Types of Compensation May Be Available In Truck Driver Fatigue Accident Injury Claims?
Truck accidents caused by driver fatigue often lead to devastating injuries and life-altering losses. A claim seeks to recover compensation for the full range of damages, working to ensure victims are not left to bear these burdens alone.
Key types of compensation can include:
- Medical expenses: Fatigue-related truck accidents frequently result in catastrophic injuries such as TBIs, spinal cord damage, and multiple fractures. Compensation can cover emergency care, surgeries, rehabilitation, and long-term medical needs.
- Lost wages and earning capacity: Serious injuries like spinal cord damage or traumatic brain injuries can prevent victims from returning to work. Claims include lost income during recovery and compensation for permanent reductions in earning potential.
- Pain and suffering: Beyond financial losses, victims endure physical pain, emotional distress, and a diminished quality of life. These non-economic damages reflect the personal toll of injuries like chronic pain or paralysis caused by the crash.
- Wrongful death damages: In fatal accidents, families may seek compensation for funeral costs, lost financial support, and the profound loss of companionship. Fatal crashes on major routes, such as I-35 in Minnesota, highlight the tragic consequences of driver fatigue.
Trucking insurers often undervalue these damages, particularly non-economic losses. A skilled attorney can build a strong case using medical records, expert analysis, and economic projections to demand fair compensation for every aspect of your recovery.
What Will I Learn During a Free Truck Accident Legal Case Evaluation?
A free case evaluation is an opportunity to gain clarity about your legal options and the strength of your claim.
During this confidential conversation, a lawyer may ask questions and provide insights to help you understand whether pursuing a claim is the right step. One of the goals of this consultation is to have you move forward with more confidence.
Common topics covered include:
- Who may be at fault for the accident? A lawyer can begin to help identify whether the truck driver, the trucking company, or another party may be responsible for the crash.
- What evidence supports your claim? You may discuss key details like police reports, medical records, photos, or witness statements that could strengthen your case.
- How serious are your injuries? The evaluation may explore the extent of your injuries, such as whether they require ongoing medical care and have impacted your ability to work.
- What deadlines apply to your case? A lawyer can explain the statute of limitations and other time-sensitive requirements for filing a claim in your state.
- What compensation might be available? You’ll likely learn about potential damages, including medical expenses, lost wages, and non-economic losses like pain and suffering.
This conversation is not a commitment. It’s an opportunity to ask questions, share your concerns, and gain a clearer understanding of your legal rights. If you’re unsure whether your situation qualifies for legal action, a free case evaluation with an attorney at Nicolet Law can provide the answers to help you make a more informed decision.
Truck Driver Fatigue Accident Claim FAQs
How long do I have to file a truck accident claim?
The statute of limitations varies by state, ranging from three years in Wisconsin to two years in Iowa and six years in Minnesota and North Dakota. However, timelines may vary based on factors like the parties involved, the age of the injured person, or whether wrongful death is a factor. For example, in Wisconsin, wrongful death claims that involve a motor vehicle accident have a two-year statute of limitations. For clarity on your right to file, speak with a lawyer as soon as possible.
What does it cost to hire a truck accident lawyer?
Nicolet Law operates on a contingency fee basis, meaning there are no upfront costs. Your attorney would only get paid if they recover compensation for you, making legal help in English or Spanish accessible to all injured parties in Wisconsin, Minnesota, Iowa, and North Dakota.
Can I still recover compensation if I was partially at fault?
Comparative negligence laws in Wisconsin, Minnesota, North Dakota, and Iowa allow recovery if you are less than 50% or 51% at fault, depending on the state. Your compensation is reduced by your fault percentage, and so insurance adjusters will attempt to assign as much blame to you as possible. If you’re facing unfair fault assignment, schedule a free case evaluation to learn how a lawyer can fight to maximize your compensation.
Get Clarity on Your Legal Options After a Truck Driver Fatigue-Related Accident With Nicolet Law
The financial and personal stakes after a truck accident are high. Trucking companies and their insurers are skilled at protecting their bottom line, which often means paying as little as possible to injury victims.
Trying to handle a claim involving a fatigued truck driver on your own can lead to a settlement that does not cover your long-term needs.
If you or a loved one was injured in a crash and you suspect driver fatigue was a factor, now is the time to seek professional guidance.
Contact the truck accident attorneys at Nicolet Law online or at 1-855-NICOLET for a free case evaluation to discuss how we can help you fight for the maximum compensation you may be eligible for under the law.
Legal Resources for Truck Accident Victims and Their Families in North Dakota, Wisconsin, Iowa, and Minnesota
Injured in a truck accident and have legal questions? Explore our curated resources below:
- Why You Need a Truck Accident Lawyer
- What Are the Types of Injuries Suffered in Trucking Accidents?
- Truck Accident Injuries: What Compensation Am I Entitled To?
- What Does It Mean if My Car Was Totaled?
Need personalized legal guidance and support after a truck crash in Wisconsin, Minnesota, Iowa, or North Dakota? Schedule a free case evaluation with the award-winning personal injury lawyers at Nicolet Law online or by calling 1-855-NICOLET.