How can I prove that the truck driver was fatigued when he caused my truck accident?

Truck Driver in the Truck CabTruck driver fatigue is a common cause of truck accidents in Virginia. Drowsy driving impairs a trucker’s driving abilities in similar ways as if they were intoxicated. To reduce the dangers of deadly collisions caused by drowsy driving, the federal government has enacted strict hours of service regulations on how long a trucker can drive without a break. Unfortunately, many drivers—with the encouragement of the trucking company they work for—violate these rules and continue driving when they know it is unsafe.

How to Prove the Trucker Was Too Sleepy to Drive

If you suspect that the truck driver was too tired to drive, you will need to prove that this was the cause of your truck accident. Drowsy driving is complicated to prove, and you will need the help of a skilled truck accident lawyer who can quickly send the trucking company a spoliation letter demanding the records you need to establish this. Here are some of the documents that your attorney will need to obtain and analyze.

In-Cab Monitoring

Newer trucks are equipped with systems that record how long the truck was in motion, which can show how long the trucker was driving. An attorney can obtain these records not only for the day of the accident but also for the days leading up to the crash, which can show the trucker’s hours of sleep and rest.


Under federal regulations, truck drivers are required to maintain a logbook with a record of their driving hours and breaks while they are on the road. The logbook is an essential piece of evidence to obtain when trying to prove that the trucker violated federal hours of service regulations.

However, some truck drivers and trucking companies falsify the logbook or change it after an accident. It is crucial to compare information in the trucker’s logbook with other documents to get a true picture of how long the trucker drove.


Your lawyer can review the trucker’s receipts to track their route and when they were at certain destinations. This can help show that it was impossible for a truck driver to have been resting or sleeping when they claim. Receipts that can be helpful include:

  • Gas receipts
  • Toll receipts
  • Bills of lading
  • Meal and convenience store receipts

Were you or a family member hurt in a truck accident in Norfolk? You must retain an experienced truck accident attorney as soon as possible so that they can obtain the documents you need from the trucking company before they alter or destroy them. Call our office today to schedule a free case evaluation to get started.