Who Is Liable When a Truck Driver Falls Asleep at the Wheel?

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Hollis Law Firm
LEGALLY REVIEWED BY:
Managing Attorney
Last updated on April 14, 2026
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A fully loaded commercial truck can weigh up to 80,000 pounds, and when that truck drifts out of its lane because the driver has fallen asleep, the results can be catastrophic. Drowsy driving crashes involving commercial vehicles are among the most devastating collisions on American roads, and the victims are almost always the occupants of smaller passenger cars who had no warning and no way to escape.

If you or someone you care about was injured in a crash caused by a fatigued truck driver, you do not have to figure out who is responsible on your own. At Hollis Law Firm, our truck accident lawyer is ready to help you understand your rights and pursue the fair compensation you deserve under Kansas and Missouri law.

Can a Trucking Company Be Held Liable for a Drowsy Driving Crash?

When a truck driver falls asleep at the wheel, liability rarely stops with that driver alone. The trucking company that employs or contracts that driver may also bear significant responsibility. Under a legal principle called vicarious liability, employers can be held accountable for the negligent actions of their employees when those actions occur within the scope of employment.

Beyond vicarious liability, trucking companies can face direct liability for their own negligence. If a company pressured a driver to meet an unrealistic delivery deadline, ignored signs of fatigue, or failed to enforce federal safety regulations, those decisions can make the company a liable party in a crash.

What Are FMCSA Hours of Service Rules, and Why Do They Matter?

The Federal Motor Carrier Safety Administration enforces Hours of Service (HOS) regulations that strictly limit how long a commercial truck driver can operate a vehicle before taking mandatory rest. These rules are specifically designed to prevent fatigue-related driving accidents.

Some of the core HOS restrictions include the following:

  • The 11-Hour Driving Limit: A driver may not operate a commercial vehicle for more than 11 hours after taking 10 consecutive hours off duty.
  • The 14-Hour On-Duty Window: Even with breaks included, a driver cannot drive beyond the 14th consecutive hour after coming on duty
  • The 30-Minute Break Requirement: Drivers must take a break of at least 30 minutes after eight consecutive hours of driving.
  • The 60/70-Hour Weekly Limit: Drivers are capped at 60 hours on duty over seven days, or 70 hours over eight days.

When a driver or trucking company violates these rules and a crash occurs, those violations become powerful evidence of negligence in a personal injury claim.

What Evidence Can Help Prove a Truck Driver Was Fatigued?

Building a fatigue-related truck accident case often involves gathering specific documentation that reveals how long the driver had been on the road. One of the most important pieces of evidence is the driver’s electronic logging device (ELD) data, which automatically records driving hours and duty status. Trucking companies are required by federal law to maintain these records for at least 6 months.

Additional evidence can include dispatch communications showing delivery pressure, employment records, prior HOS violations, and surveillance camera footage from highways or truck stops along the route. A personal injury lawyer who handles truck accident cases understands how to obtain and preserve this evidence before it disappears.

What Types of Compensation Are Available After a Drowsy Truck Driver Crash?

Victims of truck accidents caused by fatigued or sleeping drivers may be entitled to a range of damages. The full scope of what is available depends on the severity of injuries and the specific facts of the case, but compensation can include:

  • Medical expenses
  • Lost wages
  • Reduced earning capacity
  • Physical pain and suffering

In cases involving brain injuries or spinal cord injuries, long-term care costs can be substantial and should be fully accounted for in any claim.

Kansas and Missouri each have their own rules regarding fault allocation and the time limit for filing a claim. Working with a lawyer who understands both states’ laws is critical to protecting your right to fair compensation.

Contact Hollis Law Firm After a Drowsy Truck Driver Accident

Drowsy driving accidents involving commercial trucks are entirely preventable, yet they continue to injure and kill innocent people on Kansas and Missouri roads every year. When a truck driver falls asleep at the wheel, the trucking company, the driver, and potentially other parties may all bear legal responsibility for the harm caused.

At Hollis Law Firm, we fight for our clients’ rights when powerful trucking companies and their insurers try to minimize or deny valid injury claims. If you were injured in a crash caused by a fatigued commercial driver, use our contact form to schedule a consultation today.

Author
JASON CHAMBERS, JD
Hollis Law Firm

As the managing attorney at the Hollis Law Firm, Jason Chambers leads complex product liability and personal injury litigations, advocating for clients injured by defective drugs, medical devices, and personal injury accidents. The firm, based in Kansas City, represents victims throughout the Midwest and beyond, offering free consultations to those affected by harmful prescription drugs, defective medical devices, and personal injuries.

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Hollis Law Firm
8101 College Blvd, Suite 260
Overland Park, KS 66210