Fatigue, Impairment & Dangerous Behavior

Driver-related factors are present in roughly one-third of all fatal large truck crashes. These factors fall into three categories: fatigue caused by hours-of-service pressure and undiagnosed conditions, impairment from drugs or alcohol, and dangerous behaviors like distraction and speeding.

Key Findings

29%

of truck crashes studied involved brake problems as a factor.

FMCSA LTCCS
19%

of roadside-inspected trucks were placed out of service.

CVSA ROADCHECK 2023
20%

of out-of-service violations were tire defects.

CVSA ROADCHECK 2023
56×

higher crash risk when cargo shifts in transit.

FMCSA LTCCS

Select a topic below to expand its articles.

- Articles 2
- Blind Spots & Mirror Systems
- Lighting & Visibility Defects

Reference

Driver Error vs. Carrier Liability

Factor	Driver Liable	Both Liable
Hours-of-service violation (isolated)	✓
HOS violation with systemic carrier pressure		✓
Drug use, unknown to carrier	✓
Drug use, carrier ignored red flags		✓
Distracted driving (personal phone use)	✓
Speeding on tight carrier schedule		✓

FAQ

Frequently Asked Questions

Yes. Federal regulations (49 CFR 396.11) require drivers to complete a Driver Vehicle Inspection Report (DVIR) noting any defects. Defects affecting safe operation must be repaired and certified before the vehicle returns to service. Carriers who ignore signed DVIRs face significant liability.
Immediately. Carriers routinely dispatch rapid response teams to crash scenes. The truck should be inspected and photographed before any repairs are made. A litigation hold letter should be sent within 24 to 48 hours to preserve ECM data, maintenance records, and inspection reports.
Liability typically extends to the carrier, whose duty to maintain its vehicles is widely treated by courts as non-delegable. If the defect was present during pre-trip inspections and not reported or addressed, the driver may also bear responsibility. In some cases, the manufacturer or repair shop may be named.
Brake defects. Brake system violations accounted for a quarter of all out-of-service violations in Roadcheck 2023, and the federal Large Truck Crash Causation Study associated brake problems with 29% of the truck crashes it examined. Common defects include worn linings, leaking air lines, out-of-adjustment slack adjusters, and fully inoperable systems.

Continue Exploring

Mechanical Failures
Brake defects, tire blowouts, cargo securement, and maintenance failures that cause catastrophic crashes.
Explore
Driver Error
Fatigue, impairment, and risky on-road behavior, plus the systemic pressures behind them.
Explore
Crash Evidence
The critical window for preserving physical and electronic evidence before it disappears.
Explore
Company Liability
How carrier hiring practices, training failures, and cost-cutting create conditions for preventable crashes.
Explore