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Truck Accident Caused By Fatigue Driver
Fatigued truck drivers put other motorists and pedestrians at risk. Truck drivers are responsible for some of the largest vehicles on the roads, and when they’re fatigued, they can make mistakes that put other people’s lives in danger.
If you suffered an injury in a truck accident caused by truck driver fatigue in Virginia, contact Kendall Law Firm for a free, no-obligation consultation. Our truck driver fatigue accident lawyers have over 30 years of experience and are 100% focused on personal injury cases, including those involving commercial trucks.
How Can a Truck Accident Attorney Help After a Fatigued Driving Accident?
An experienced truck accident lawyer from our firm can help after a commercial trucking accident involving drowsy driving in the following ways:
- Investigating the Incident – Your attorney can investigate the incident that caused your injuries to identify all liable parties and gather necessary evidence. In truck driver fatigue accidents, more parties could be liable than just the driver. The trucking company’s policies may have contributed to the driver’s actions, which could also make it liable. A malfunctioning system or part on the truck could make the manufacturer liable.
- Identifying Applicable Laws – Large truck accidents can be complex and often rely on federal laws. A car accident attorney who doesn’t have experience with federal trucking laws won’t have the ready knowledge required to handle these cases. For that reason, it’s vital that you hire an experienced truck accident attorney.
- Negotiating with Insurance Companies – Trucking company insurers always want to get away with paying injury victims as little as possible so they can protect their bottom line. An experienced lawyer can negotiate with the insurers on your behalf to make sure you get a fair settlement that covers all of your expenses. If you don’t have an attorney, the insurance companies will likely try to take advantage of you by offering a settlement that is significantly less than the value of your case.
- Representing You at Trial – Your attorney will take your case to trial if the insurance company refuses to offer a fair settlement. At trial, they’ll present all the evidence gathered during the investigation and seek maximum compensation for your injuries.
Dangers of Drowsy Driving
Some of the primary risks of drowsy driving are:
- Slowed Reaction Times – A fatigued truck driver will not have the same reaction times as if they were fully awake. This can lead to an increase in rear-end and other types of collisions that can cause catastrophic injuries.
- Risk of Falling Asleep – A drowsy driver is more likely to fall asleep behind the wheel. Any driver falling asleep at the wheel is dangerous, but because of the size of commercial trucks, truck drivers falling asleep while driving is even more dangerous.
- Failure to Maintain Course – A truck driver may have trouble staying in their lane when fatigued. If a large truck drifts into an oncoming vehicle’s lane, the resulting accident will be worse than a minor sideswipe would have been.
It’s important to remember that even a “minor” truck accident can cause severe injuries that impact victims for the rest of their lives. A minor car accident may lead to injuries that heal in weeks or months. However, because of the size and weight of commercial trucks, any accident involving them can cause catastrophic injuries and permanent disability.
Federal Hours of Service Rules and Their Purpose
Because truck driver fatigue is so dangerous, the Federal Motor Carrier Safety Administration (FMCSA) has strict regulations on the hours truck drivers can work. These hours of service regulations can also be found in 49 CFR § 395.3 for commercial property-carrying vehicles. There are slightly different regulations for passenger-carrying vehicles like buses.
For truck drivers, the following are the main hours of service rules:
- 11-Hour Driving Limit – Truck drivers can only drive for 11 hours at a time after a minimum of 10 consecutive hours off duty. This rule makes sure that drivers are well-rested before they drive for an extended period.
- 14-Hour Limit – Truck drivers cannot drive beyond the 14th consecutive hour after taking 10 consecutive hours off duty. This means that even if a truck driver takes a break in the middle of their driving period, they must stop once it’s been 14 hours since their last 10-hour off-duty period.
- 30-Minute Driving Break – Truck drivers must take a 30-minute break for every eight cumulative hours driven without a 30-minute break. This means that the longest a trucker can drive at one time without a break is eight hours.
- 60/70-Hour Limit – Truck drivers cannot drive more than 60/70 hours in 7/8 consecutive days. To restart a 7/8 consecutive day period, the driver must take at least 34 hours off duty.
Evidence of Truck Driver Fatigue
The evidence your attorney will gather after a truck accident includes photographs of the accident scene, your medical records, eyewitness statements, and expert testimony. However, additional evidence is necessary to prove driver fatigue contributed to the accident. Some evidence your attorney may use to prove this includes:
- Trucker Logbook – Under federal law, truck drivers must keep a record of their driving times and mileage. Some truckers use old-fashioned physical logbooks, while others use automatic logbooks. Either way, your attorney may be able to use the contents of the driver’s logbook to prove they broke the hours-of-service rules.
- GPS and Phone Tracking – Your lawyer may also use the truck’s GPS or the driver’s phone records to track the truck’s movement over time. If there are discrepancies between the driver’s logbook and their GPS or phone records, that may indicate that they altered the contents of their logbook.
Contact Kendall Law Firm to Speak with an Experienced Truck Accident Attorney
If a drowsy truck driver caused your injuries in Charlottesville, Virginia, you need the assistance of a truck driver fatigue attorney from Kendall Law Firm. Our experienced lawyers only represent injured individuals, not insurance companies or big corporations.
Contact us today to learn more about how we’ll use our knowledge of local, state, and federal laws to help you seek the compensation you deserve. Your initial consultation is free.