Delivery drivers face intense pressure to complete routes quickly, often working long shifts with tight schedules. This pressure creates fatigue that impairs driving ability and causes accidents. When drowsy delivery drivers cause crashes, their employers may share liability for creating dangerous working conditions.
The Fatigue Problem in Delivery
Modern delivery operations demand speed and efficiency. Drivers work extended shifts, face demanding quotas, and have limited rest opportunities. During peak seasons, overtime becomes mandatory and schedules intensify.
Studies show fatigued driving impairs reaction time, judgment, and attention similar to alcohol impairment. A driver awake for 18 hours has impairment equivalent to a 0.05% blood alcohol level; at 24 hours, equivalent to 0.10%—above the legal limit.
Federal Hours of Service Regulations
Commercial drivers operating vehicles over certain weight thresholds must comply with Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations. These rules limit consecutive driving hours and require rest periods.
However, many delivery vans fall below weight thresholds for federal regulation. Package delivery trucks and sprinter vans often weigh under 10,001 pounds, exempting them from hours of service rules despite their commercial use.
Company Liability for Fatigue
Delivery companies can be liable for fatigue-related accidents when they create schedules that don't allow adequate rest, pressure drivers to work excessive hours, incentivize speed over safety through quota systems, fail to monitor driver fatigue, and know or should know drivers are fatigued.
Unrealistic delivery quotas that require speeding or skipping breaks demonstrate company negligence in creating conditions that lead to fatigue.
Evidence of Fatigue
Proving a driver was fatigued requires circumstantial evidence. Relevant factors include how long the driver had been working that day, how many days they'd worked consecutively, the driver's sleep schedule and rest opportunities, whether the accident occurred during typical fatigue hours (early morning, mid-afternoon), and any statements the driver made about being tired.
Company records showing shift lengths, routes, and delivery volumes help establish fatigue. GPS data can reveal the driver's activity level before the accident.
Recognizing Fatigue Accidents
Certain accident patterns suggest driver fatigue. Single-vehicle accidents with no apparent cause, drifting out of lanes or off roadways, delayed braking or failure to brake, accidents at times associated with drowsiness, and the driver reporting they "didn't see" obvious hazards.
Witness observations of erratic driving before the collision may indicate the driver was nodding off or impaired by fatigue.
Gig Economy Fatigue Issues
App-based delivery drivers face unique fatigue risks. No one tracks their hours across multiple platforms. A driver might work DoorDash, Uber Eats, and Instacart in a single day, accumulating far more driving hours than any single company knows about.
The incentive structures of gig work—more deliveries mean more money—encourage working through fatigue rather than resting.
Damages from Fatigue Accidents
Drowsy driving accidents often involve high speeds and failure to take evasive action, resulting in severe injuries. Companies that create fatigue-inducing conditions may face punitive damages for consciously disregarding driver and public safety.
Evidence showing companies knew about fatigue risks but prioritized productivity supports claims for punitive damages beyond compensatory recovery.
Pursuing Fatigue-Related Claims
If you suspect driver fatigue contributed to your accident, gather information about when the accident occurred, the driver's statements at the scene, and any witnesses who observed pre-accident driving behavior.
An experienced attorney can subpoena company records showing the driver's schedule, route history, and delivery volumes. This evidence establishes whether the company created conditions conducive to driver fatigue.
Don't accept explanations that dismiss fatigue as a factor. Investigate thoroughly to hold both drivers and their employers accountable for fatigue-related accidents.