Trial Attorney Blog
Drowsy driving is one of the most dangerous—and most overlooked—causes of serious truck crashes in the United States.
Every year, hundreds of people are injured or killed when a truck driver falls asleep at the wheel.
These accidents often happen without warning, leaving victims with life-changing injuries and emotional trauma.
When something like this happens, one question always arises: Can a lawyer really help?
The short answer is yes—but not just any lawyer.
You need a truck accident attorney who understands the specific laws, evidence, and strategies involved in proving driver fatigue.
At Finch McCranie LLP, our team has decades of experience representing victims of truck crashes across Georgia.
We know how to uncover the truth behind these accidents—and hold trucking companies accountable when negligence leads to tragedy.
Why Truck Drivers Fall Asleep Behind the Wheel
Truck drivers are under immense pressure.
They haul heavy loads over long distances, often for many consecutive hours.
Even with strict federal limits on how long they can drive, fatigue remains a major issue in the trucking industry.
Here are the most common causes of drowsy or fatigued truck driving:
Unrealistic Schedules and Deadlines
Many trucking companies set tight delivery windows that push drivers beyond safe limits.
Some drivers skip rest breaks or falsify their logs to meet deadlines, putting everyone on the road at risk.
Sleep Disorders and Poor Health
Sleep apnea and other disorders are common among long-haul drivers.
Untreated conditions make it difficult to stay alert—even after a full night’s rest.
Nighttime and Early-Morning Driving
The human body is naturally less alert during late-night and early-morning hours.
Unfortunately, that’s often when truck drivers are scheduled to be on the road.
Medication and Stimulant Use
Some drivers rely on caffeine or over-the-counter pills to stay awake.
When the effects wear off, they can experience sudden fatigue—often while behind the wheel.
Lack of Quality Sleep
Sleeping in a truck cab isn’t the same as sleeping in a bed.
Poor rest quality over several days can lead to “microsleep” moments—seconds of unconsciousness that can cause devastating crashes.
The Dangers of Fatigued Truck Driving
When a truck driver nods off, even for a second, the results can be catastrophic.
A fully loaded semi-truck can weigh up to 80,000 pounds.
When that much force collides with a car, the outcome is almost always severe.
Common Injuries in Fatigue-Related Truck Accidents
- Traumatic brain injuries (TBI)
- Spinal cord damage or paralysis
- Broken bones and fractures
- Severe internal injuries
- Wrongful death
Why Drowsy Driving Is as Dangerous as Drunk Driving
According to the National Highway Traffic Safety Administration (NHTSA), being awake for more than 18 hours affects driving ability as much as a blood alcohol level of 0.05%. After 24 hours, it’s equivalent to being legally drunk.
That’s why fatigued driving isn’t just “accidental”—it’s negligence.
Federal Rules for Truck Driver Hours
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations to prevent fatigue-related accidents.
These are known as the Hours of Service (HOS) rules.
Key limits include:
- 11-Hour Driving Limit: Drivers can drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Limit: The driving window cannot exceed 14 consecutive hours after starting a shift.
- 30-Minute Rest Break: Required after 8 hours of driving.
- 60/70-Hour Weekly Limit: Drivers cannot exceed 60 hours in 7 days or 70 hours in 8 days.
However, violations still happen—often with tragic results.
Trucking companies sometimes pressure drivers to falsify logs or work beyond the legal limit to meet delivery goals.
Signs a Truck Driver May Have Fallen Asleep
If you’ve been in an accident involving a commercial truck, there are several warning signs that fatigue played a role.
These can help your truck accident lawyer identify what really happened.
Common Indicators of Drowsy Driving
- No skid marks at the crash scene (indicating the driver didn’t brake)
- The truck drifted out of its lane before impact
- Accident occurred at night or early morning
- Witnesses saw the truck weaving or veering
- The driver’s logs show suspicious timing or missing rest breaks
- Black box data shows inconsistent speed patterns or long hours of operation
A skilled truck accident attorney can use this evidence to prove that fatigue or sleepiness directly caused the collision.
Who Is Liable When a Truck Driver Falls Asleep?
Liability in a truck accident case isn’t always simple.
The driver may be directly at fault, but often, the trucking company or other third parties share responsibility.
The Truck Driver
If the driver ignored rest rules, falsified logs, or took stimulants to stay awake, they can be held personally responsible for their negligence.
The Trucking Company
Many companies push drivers to work longer hours than legally allowed.
If the company encouraged rule violations, failed to monitor rest logs, or ignored driver fatigue complaints, it can be held liable.
Maintenance and Dispatch Companies
Sometimes dispatchers schedule routes that are impossible to complete without breaking the law.
Maintenance issues (like poor seat comfort or vibrations that prevent rest) can also contribute.
Truck Manufacturers
In rare cases, mechanical failures—like a faulty cruise control or safety alert system—may contribute to the crash.
A qualified truck accident lawyer investigates every possible factor to ensure all responsible parties are held accountable.
How a Truck Accident Lawyer in Atlanta Can Help
If you or your loved one was hurt because a truck driver fell asleep, working with an experienced truck accident lawyer Atlanta can make all the difference in your recovery—financially, physically, and emotionally.
Here’s how a lawyer helps at every stage:
Investigation and Evidence Collection
Your lawyer will immediately gather key evidence before it disappears:
- Truck “black box” (event data recorder)
- Driver’s hours-of-service logs
- Dispatch and delivery records
- Cell phone and GPS data
- Eyewitness statements
- Surveillance or dash-cam footage
Determining Liability
A strong truck accident attorney examines who caused or contributed to the crash—whether it’s the driver, the trucking company, or both.
Working With Experts
Reconstruction specialists, medical experts, and sleep scientists may be called to explain how fatigue led to the crash.
Handling Insurance Companies
Trucking insurers are aggressive.
They’ll often try to minimize or deny claims. Your truck accident lawyer ensures you’re treated fairly and fights for the full compensation you deserve.
Building a Strong Legal Case
An experienced legal team will document your injuries, medical expenses, lost wages, and pain and suffering.
They build a compelling case to demand justice—through negotiation or trial.
The Role of Finch McCranie LLP in Fatigue-Related Truck Accidents
At Finch McCranie LLP, we’ve seen firsthand how devastating fatigue-related truck crashes can be.
Our mission is to uncover the truth, protect victims, and hold negligent drivers and companies accountable.
Here’s what sets our firm apart:
Proven Experience
With decades of experience handling commercial trucking cases, our attorneys understand federal regulations, company safety policies, and insurance tactics inside and out.
Detailed Investigations
We go beyond surface evidence.
Our team analyzes driver logs, digital data, and sleep schedules to prove when fatigue played a role.
Compassionate Representation
We treat every case like it’s our own family. Truck accidents cause long-term hardship, and we’re here to guide victims every step of the way.
National Recognition
Our lawyers are recognized across Georgia and beyond for success in complex truck accident litigation.
We’ve helped secure justice and compensation for countless families affected by preventable crashes.
When you hire Finch McCranie LLP, you’re not just hiring a lawyer—you’re getting a team that knows how to fight for the truth and your recovery.
What to Do Immediately After a Truck Driver Falls Asleep and Causes a Crash
If you’re involved in a truck accident and suspect the driver fell asleep, here’s what to do right away:
- Call 911 – Report the accident and get emergency medical help.
- Seek Medical Care – Even if you feel fine, injuries may appear later.
- Document Everything – Take photos of the scene, vehicle damage, and injuries.
- Avoid Talking to Insurance Adjusters Alone – Anything you say can be used against you.
- Contact a Truck Accident Attorney Immediately – They can begin collecting time-sensitive evidence before it’s lost.
The earlier you involve a truck accident lawyer, the stronger your case will be.
Compensation You May Be Entitled To
While we won’t discuss specific costs or dollar figures, here are the types of damages your truck accident lawyer near me can pursue:
- Medical expenses and future care
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Wrongful death (for surviving family members)
A dedicated truck accident attorney fights to ensure every part of your loss is recognized and compensated.
Preventing Fatigue-Related Truck Accidents
While legal action can bring justice, prevention remains key.
Trucking companies, drivers, and regulators all have a role to play in preventing drowsy driving.
For Truck Drivers:
- Follow FMCSA rest rules strictly
- Avoid caffeine overload or stimulant dependence
- Maintain a healthy sleep schedule
- Report fatigue honestly to supervisors
For Trucking Companies:
- Avoid over-scheduling drivers
- Monitor rest logs electronically
- Offer sleep disorder screening and health programs
- Enforce strict fatigue-management policies
For the Public:
If you notice a truck swerving, weaving, or slowing unexpectedly on the highway—keep your distance and report it.
Your quick action could save lives.
Why Choose Finch McCranie LLP for Your Case
When a truck driver falls asleep at the wheel, victims need a legal team that doesn’t back down.
At Finch McCranie LLP, we bring together decades of experience, compassion, and aggressive legal strategy to help you rebuild your life.
- Proven Track Record: Our attorneys have recovered justice for countless truck accident victims across Georgia.
- Deep Legal Knowledge: We understand complex trucking laws, insurance tactics, and courtroom strategies.
- Personalized Care: You’re not just a case number—you’re part of our community.
- No Upfront Fees: We only get paid when you do.
If you’re searching online for a truck accident lawyer Atlanta or wondering, “Where can I find the best truck accident lawyer near me?”—you’re already in the right place.
Conclusion
Truck drivers have a responsibility to stay alert and follow safety regulations.
When they fail, innocent people suffer. Fatigue is preventable—and when it leads to a crash, it’s not an “accident,” it’s negligence.
If you or a loved one has been affected by a drowsy truck driver, don’t wait.
Contact Finch McCranie LLP today.
Our team of experienced truck accident lawyers in Atlanta is ready to help you uncover the truth, protect your rights, and secure the justice you deserve.
Call to Action
If a truck driver’s fatigue or carelessness caused your accident, you deserve answers—and justice.
Let Finch McCranie LLP help you take the next step.
We’ll investigate what really happened, identify who’s responsible, and fight for your full recovery.
📞 Call Finch McCranie LLP today for a free, confidential consultation.
You don’t have to face trucking companies and insurers alone. Let our experienced truck accident attorneys stand up for you and your family.
Faqs
What if the truck driver denies falling asleep?
Your truck accident attorney can use black box data, driving logs, and witness statements to prove fatigue, even if the driver won’t admit it.
Can the trucking company be held responsible too?
Yes. If the company encouraged long hours or ignored rest violations, they can share legal liability for your injuries.
How long do I have to file a claim in Georgia?
Most truck accident claims must be filed within two years, but it’s best to contact a truck accident lawyer Atlanta immediately so evidence isn’t lost.
What if the crash caused a death?
Families may be eligible to file a wrongful death lawsuit. Finch McCranie LLP has extensive experience handling these sensitive cases with compassion and skill.
What kind of evidence helps prove driver fatigue?
Data from the truck’s electronic logging device (ELD), rest schedules, cell phone activity, and time-stamped deliveries can all reveal fatigue.
Will my case go to court?
Many cases settle before trial, but your truck accident lawyer will be ready to take the case to court if that’s what justice requires.
Is falling asleep at the wheel considered negligence?
Yes. Drowsy driving is treated as a form of negligence, especially for professional drivers who are expected to follow rest regulations.
Why is Finch McCranie LLP the right choice?
Because we combine compassion with courtroom power. Our attorneys have decades of experience, deep knowledge of trucking law, and a track record of standing up for Georgia families.