After a serious or fatal commercial truck crash in Illinois or Indiana, there may be several independent investigations into the reasons for what happened: police reports will be filed; government agencies will be involved regarding safety violations; insurance adjusters and company defense lawyers may be involved quickly here on points of liability; and of course, the crash victims have a legal right to investigate the causes of the tragedy independently of all the rest.
For more, read our earlier discussions in: Common Types of Semi-Truck Crashes in Indiana and Five Important Differences in a Chicago Truck Crash.
Drowsy Truckers and Fatal Commercial Motor Vehicle Accidents
One of the obvious causes of any catastrophic motor vehicle accident involving a semi-truck, tractor-trailer, big rig, or 18-wheeler in our part of the country will point to the operator of the rig itself. Was there truck driver error? And specifically, was the driver compromised by fatigue, exhaustion, or sleepiness, to such an extent that they failed to respond properly to things that led to the accident?
Drowsy driving kills: this is not controversial. The extent of the danger is unclear, however. In 2023, the National Highway Traffic and Safety Administration (“NHTSA”) confirmed 633 drowsy-driving deaths in motor vehicle accidents (overall, not just trucks). Compare this with the numbers reported by the Governors’ Highway Safety Association (“GHSA”) earlier this year, finding over 6300 people died in drowsy-driving crashes in that same reporting period. Read, “Drowsy Driving Kills 6,000 Americans Each Year, New Analysis Shows,” news release published by the GHSA on February 16, 2026.
That’s a big difference between these two studies. The truth is that it is just not that easy to know when a drowsy driver caused a fatal crash.
Truck Driver Fatigue and Truck Crashes
After an accident, the accident reconstruction experts working on behalf of the truck crash victims and their loved ones may have a tremendous amount of data to analyze. Things like medical documentation and police reports, as well as witness statements and nearby video captures of the crash itself as well as the roadway in the minutes up to the accident may be informative. See, Accident Reconstruction Experts and Injury Claims.
The Federal Motor Carrier Safety Administration (“FMCSA”) governs our interstate trucking industry. See, Federal FMCSA Regulations of Commercial Trucking: Impact on Truck Accident Claims.
FMCSA lists several tips for truckers to avoid driving their large trucks while fatigued or sleepy: these include things like (1) getting enough sleep before starting to drive; (2) eating a healthy diet; (3) taking a nap; (4) avoiding medication that may cause drowsiness; (5) knowing the signals of drowsiness; and (6) avoiding “alertness tricks” to stay awake behind the wheel. Read, CMV Driving Tips – Driver Fatigue, published by FMCSA.
Even for experienced industrial accident reconstructionists, it is not that easy to determine if the trucker took advantage of these FMCSA tips insofar as proving up whether or not the truck driver’s fatigue was a contributing factor to the crash. Finding causation in these cases is complicated.
FMCSA Regulations and Driver Fatigue in a Semi-Truck Crash
Legal advocates for the truck crash victims, as well as agency investigators and others, may look to the current federal safety regulations to provide guidance on whether or not the large truck accident is fatigue-related. FMCSA mandates involve things like limitations on driving hours; keeping accurate records and logs; having medical examinations; establishing driver training; having testing of drivers; and implementing inspections and enforcement of these regulations in order to reduce the risk of fatigue in truck drivers and the danger of drowsy or sleepy trucker accidents.
Investigations will include a review of the applicable FMCSA Regulations and an application of the pertinent regulations to the crash itself. While the crash victim cannot base legal claims upon a violation of the regulation (FMCSA polices those violations), they can help to support worker’s compensation claims as well as civil causes of action against one or more third parties who may be legally culpable for what transpired.
These FMCSA Regulations include those found in 49 CFR Part 392 and Part 395:
- Maximum Drive Time of 11 Hours: any truck carrying property cannot be operated by the truck driver for over eleven (11) hours following the trucker’s ten (10) consecutive hours being off-duty.
- Stop After 14th Hour: No truck driver is to operate a large truck or commercial vehicle after the fourteenth (14th) hour of coming off job duty. This applies even if the trucker has not driven all their allotted eleven driving hours (above).
- The Break: All truck drivers must stop and take a break for thirty (30) minutes after they have driven for eight accumulated hours.
- Limits for the Week: Regulations also mandate that the truck driver cannot driver more than seventy (70) hours in eight (8) days or sixty (60) hours within a seven (7) day time period.
- Sleeper Berths: Truckers are allowed to split their required off-duty periods into hourly splits of 7/3 or 8/2 when sleeper berths are involved.
FMCSA Regulations and Truck Driver Fatigue After a Truck Crash in Illinois or Indiana
For the truck crash victims (including the truck driver, rig occupants, and others involved in the accident), there must be admissible and authenticated evidence to confirm whether or not fatigue was a reason, or one of the reasons, for the incident. Truckers may need to show, for instance, that they were pushed beyond their limits to support their own claims for justice just as others involved in the crash may need to demonstrate fatigue as a factor.
Evidence in these matters will be correlated to the FMCSA Regulations that apply to all commercial trucks operating in Illinois and Indiana. The actual cases and claims for relief, as a general rule, will be based upon the state laws of the location where the crash occurred.
For instance, a large truck crash in Cook County will proceed under Illinois personal injury laws, while a commercial truck accident in La Porte County, Indiana, will be filed under the state laws of the Hoosier State. See, Extra Heavy Duty Highways in Northwest Indiana and Risk of Truck Accidents.
The above-referenced FMCSA Regulations protecting against truck driver fatigue may be a part of a truck crash claim, as well as other federal regulations regarding things like ELDs (electronic logging devices); GPS Data (fleet trackers); truck black boxes; and dashcam footage. The truck crash victim has a right to access and review of this internal information upon formal request by their legal advocates.
For more of driver fatigue and commercial motor vehicle accidents, read:
- Illinois and Indiana: Both Top 10 States for Most Truck Crash Fatalities
- Truck Driver Fatalities on the Rise: Fatigue, Speed, and the Trucking Industry
- Commercial Truck Safety and Truck Driver Fatigue: Fatal Truck Crashes, ELDs, and HOS Rules.
FMCSA Regulations include protections against drivers operating large trucks while they are mentally or physically tired and fatigued. Accidents that are catastrophic or deadly happen all too often when there is a fatigued driver behind the wheel. Please be careful out there!
