Question 1

How do I know if the truck driver was fatigued?

Accepted Answer

You may not know at first. Your attorney will request ELD records, driver log books for the prior 8 days, carrier dispatch records, and cell phone records. Fatigue is established through documentary evidence, not just the driver's admission.

Question 2

What are the federal hours-of-service rules for truck drivers?

Accepted Answer

Under 49 C.F.R. § 395, property-carrying drivers are limited to 11 hours of driving after 10 consecutive hours off duty, cannot drive beyond the 14th hour on duty, and must take a 30-minute break after 8 hours of driving.

Question 3

Can I get the black box data from the truck?

Accepted Answer

Yes. Commercial trucks contain Event Data Recorders (EDRs) capturing speed, braking, and engine data in the seconds before a crash. This data must be preserved immediately through your attorney's spoliation letter to the carrier.

Question 4

What if the carrier claims the driver was an independent contractor?

Accepted Answer

The more the carrier controlled the driver's operations, routes, schedule, and equipment, the more likely the driver will be treated as an employee under Colorado and federal law, making the carrier liable.

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Driver Fatigue and Hours-of-Service Violations in Colorado Trucking Accidents

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