Tired driving is one of the most common causes of accidents, especially when large commercial trucks are involved. However, proving that the driver was tired can be tricky.
The goal is to prove that the driver was too fatigued at the time of the accident to drive safely. If we have evidence that the driver was actually asleep at the wheel, that is best. Otherwise, we typically have to rely on multiple forms of circumstantial evidence, like how long they were awake, their hours of service logs, and their trip recorder, to convince a jury the driver was too tired.
For a free case evaluation, call Mitchell Rogers Injury Law’s Las Vegas, NV truck accident lawyers at (702) 702-2622 today.
What Do You Need to Prove to Show Tired Driving?
Tired driving is a simple concept, but when it comes to legal proof, things can get complicated quite fast. Sleep and tiredness are different for everyone, and it often takes objective, dangerous levels of sleepiness to show the driver was at fault for a crash.
Driver Actually Sleeping Behind the Wheel
If we can prove the driver was nodding off or actually fell asleep at the wheel, that is the strongest tired driving case. For example, if they have a camera inside the truck, and we can see their head droop, their body go limp, and the truck crash, then that is a solid case.
Objectively Dangerous Sleepiness
If the driver was not actually asleep, we need to show that their condition was objectively too tired to drive safely. There are scientific studies and sleep experts our Henderson, NV truck accident lawyers can use to show what objectively qualifies as “too tired.”
Does Nevada Have a Tired Driving Law?
A small number of states have clear-cut laws making it a crime to drive if you’ve been awake for over 24 hours. Nevada does not have one of these laws, so we instead need to focus on factors and evidence.
What Evidence is Needed?
Any evidence that can show how long the driver was awake for, how sleep affects that specific driver, and what their condition was like at the time of the accident will be helpful. This often involves the following:
Medical Records
If the driver has sleep apnea or other health conditions, we can point to that to show that they may be sleepier than the average driver, even on a good day. Other conditions, like diabetes or narcolepsy, are disqualifying for truckers.
Hours of Service Logs
Truckers are required to keep hours of service logs detailing how long they have been on the road for. There are also mandatory break requirements.
These logs can show exactly how long they were on the road for and potentially show independent violations we can point to for fault.
Trip Recorders
Trucks sometimes employ GPS devices or trip recorders (like an airplane’s “black box”) that track how long the truck has been on the road. If the driver did not trade off with a driving partner, we can argue they were awake and working that whole trip.
Sleep Trackers
If the driver happens to use a sleep tracking app, we can subpoena that for evidence of when they last slept and how well they slept.
Cameras
If the driver had a camera in their truck, we can seize that video and use it as evidence. This might show them nodding off, show their eyes closing, or show them actually pass out.
Witness Testimony
Sometimes the victim and other drivers can see the trucker slumped over at the wheel or nodding off before the crash.
Evidence of Time Awake
We can try to trace the driver’s day backwards and find out when the last time they slept was. If we can show that they didn’t have time for a nap or full rest in a long time, we argue they were awake for too long to be safe on the road.
Habit or Routine
The Nevada Rules of Evidence allow evidence of habits or routines to show that certain conduct happened on this occasion, too. For example, we can rely on evidence that this driver always nods off on that particular route, or that they never get enough sleep on certain days of the week to show that they were also impaired on the day of the crash.
Accident Reconstruction
Accident reconstruction experts can point to signs all over the scene of the accident to show what happened. For example, no skid marks might mean the driver could not react in time to stop, potentially because they were asleep or impaired.
Some of this is not definitive, but it’s still helpful.
Statements/Admissions
If the driver admits they were tired, we can introduce their statements as evidence against them.
Do I Need to Prove Tired Driving?
Sometimes tired driving is not that obvious, or you just don’t have the required proof. If that’s the case, we can focus on other violations.
You only need to show one legal violation or act of negligence to prove the driver was at fault. If we have a stronger case for speeding, DUI, or another violation, we can focus on that over the tired driving.
FAQs for Tired Driving Truck Accidents
Can I Sue a Trucking Company for a Trucker’s Tired Driving?
Trucking companies can often be held liable for their drivers’ on-the-job negligence.
Trucking companies can also be held directly responsible if they failed to screen drivers for disqualifying health conditions, encouraged the violation of hours of service rules, or hired a driver with a known history of tired driving.
Is Circumstantial Evidence Bad?
“Circumstantial evidence” means that the evidence shows the circumstances, but isn’t direct proof. For example, you can prove the driver was tired if you witnessed them pass out, but you can also show they were tired with logs showing they were driving for 36 hours straight and crashed without responding in time to hit the brakes.
Just because it shows the circumstances, not direct proof, doesn’t necessarily make it weak evidence.
Is it Hard to Prove Tired Driving?
Tired driving cases always come down to the evidence available. Truckers must keep driving logs, and this often helps reveal suspicious activity like driving for too long without breaks.
Do Truck Drivers Have to Take Breaks?
Federal trucking regulations require drivers to take certain breaks under hours of service rules. Drivers typically cannot…
- Drive more than 8 hours without a 30-minute break
- Drive more than 11 hours in one day
- Drive beyond the 14th hour after they start their shift.
There are also per-week limits.
Call Our Truck Accident Lawyers in Nevada Today
Call (702) 702-2622 for a free case review with Mitchell Rogers Injury Law’s Winchester, NV truck accident lawyers.