Truck Wreck Cases
Truck driver fatigue crash? Federal hours-of-service limits, when the trucking company is liable for a tired driver, and how to prove it in Kentucky.
Reviewed by Larry Forman, Attorney
A tired driver at the wheel of an 80,000-pound truck is one of the most dangerous things on a Kentucky highway. Fatigue slows reaction time, narrows attention and can end in "micro-sleeps," a few seconds with the eyes closed at highway speed. Truck driver fatigue crashes tend to be rear-end crashes into slowed traffic and lane-departure crashes, often at night or before dawn, and often with no braking at all.

Federal law treats fatigue as a safety violation, not bad luck. It also holds trucking companies responsible when their schedules and pay push drivers past their limits. Here's how these cases work.
The core rule is simple: no one may drive a commercial truck when fatigue, illness or any other cause has reduced, or is likely to reduce, their alertness so much that driving is unsafe. And a motor carrier "shall not require or permit" a driver to do so (49 CFR 392.3).
That rule applies even when the driver is technically within the hours-of-service limits. A driver who has been awake most of the day before starting a shift can be legally "on time" and dangerously tired.
For property-carrying trucks, the hours-of-service rules (49 CFR 395.3) require:
Kentucky applies these rules to in-state trucking too (601 KAR 1:005). For what an electronic logging device records and how long companies must keep the data, see truck black box and ELD evidence.
These exceptions have conditions, and they are often misused. A company that claims an exception has to prove the driver qualified for it.
Fatigue is often a business problem, not just a driver problem. Federal rules put duties directly on the carrier:
Kentucky law lets you pursue the carrier both for its driver's negligence and for its own negligence in hiring, training, supervising or retaining the driver. See trucking company liability, our truck wreck page and why truck wrecks are different from car crashes.
Drivers rarely admit they were tired, and logs can be wrong. We compare the logs against everything else:
Much of this is in the carrier's control and can be lost quickly. A preservation demand needs to go out within days.
A distracted driver usually looks up in time to brake or swerve. A driver who has dozed off doesn't react at all. That's why fatigue crashes so often involve a truck hitting slowed or stopped traffic at full highway speed, drifting across the center line, or running off the road and back on. With a fully loaded truck, the forces involved are many times greater than in a car-on-car crash, and the people in the smaller vehicles take the worst of it.
Insurers may argue you stopped too suddenly or were in the truck's blind spot. Kentucky's pure comparative fault rule (KRS 411.182) reduces a recovery only by your share. Fatigue crashes into slowed traffic are often rear-end collisions where the truck is clearly at fault.
Fatigue crashes often cause brain injuries and deaths. See our wrongful death page. When a company knowingly pushed drivers past legal limits, punitive damages may be possible. Kentucky allows them against an employer only when it authorized, ratified or should have anticipated the conduct (KRS 411.184(3)).
Claims against the driver and carrier generally must be filed within two years of the injury or the last PIP payment (KRS 304.39-230(6)). The carrier only has to keep supporting hours-of-service documents for six months, so don't wait. See our statute of limitations guide.
Learn more about Larry Forman, see our case results (past results don't guarantee a similar outcome), or visit our commercial vehicle crash page.
Up to 11 hours of driving within a 14-hour window, after 10 consecutive hours off duty, with a 30-minute break after 8 hours of driving. Weekly limits of 60 or 70 hours also apply.
Yes. Federal law separately bans driving when fatigue makes it unsafe, regardless of the hours. A driver who didn't sleep before a shift can be dangerous on day one.
Often. Carriers must make drivers follow the rules, and they can't permit or require driving beyond the limits or schedule runs that require speeding. They can be liable for the driver's negligence and their own.
Logs can be wrong or falsified. We check them against fuel and toll receipts, GPS, dispatch messages and phone records.
Not always. Short-haul drivers within 150 air-miles who are released within 14 hours can skip logs. Their employer still has to keep accurate time records for six months.
Generally two years under Kentucky's no-fault law. Some supporting hours records only have to be kept for six months, so act quickly.
The records that prove fatigue have a short shelf life. We'll lock them down. No fee unless we win. Get a free case evaluation or call (502) 931-6788. Our office is at 1139 S. 4th St., Louisville, KY 40203.
This page is general information about federal and Kentucky law as of October 2026, not legal advice.