Truck accidents can cause serious harm and devastation for victims. Each year, more than 500,000 commercial truck crashes are reported across the country. As a result of these accidents, over 150,000 injuries are reported and, sadly, about 5,000 people will lose their lives. The consequences of a truck accident can leave victims and loved ones searching for answers and suffering from great uncertainty and anxiety in their lives. Following a truck accident, a thorough investigation will be conducted in order to determine the cause and who should be held responsible.
There are many potential causes of serious truck accidents, including speeding, impairment, distraction, and reckless driving. One very common but often overlooked reason for a truck accident is fatigue. Driver fatigue can cause truckers to lose their focus and can result in sudden and catastrophic collisions. Here, we will take a closer look at the role that fatigue plays in trucking accidents. We will also explore the legal recourse that victims have when they have been involved in a fatigued driver crash.
At Burg Simpson, we work each day to help injured victims and their family members following commercial vehicle crashes. Our nationwide truck accident lawyers are standing by to assist you at any time.
For more than 70 years, truck driver fatigue has been recognized as a major cause of trucking accidents. According to the Federal Motor Carrier Safety Administration, more than 65 percent of truck drivers have reported that they often or sometimes feel drowsy while driving. Approximately 50 percent of drivers admitted that they fell asleep while driving within the previous 12 months. Further, about 13 percent of truck drivers were fatigued at the time of a reported collision.
Fatigued driving has many potential adverse consequences, including:
In order to reduce the number of crashes caused by fatigued and drowsy truck drivers, the FMCSA has enacted rules and regulations governing driving. Among these rules, are what has become known as the hours of service rules. These rules limit the amount of hours that a driver can be behind the wheel. They also provide for mandatory driving breaks and sleep periods prior to operating a commercial truck. Some of the hours of service regulations are as follows:
While the hours of service regulations are in place in order to reduce and eliminate fatigued and drowsy driving crashes, not all truck drivers and trucking drivers are compliant with the rules. In fact, hours of service requirements are among the most violated safety regulations. What are the consequences of violating these regulations?
When a truck accident occurs, there must be a thorough investigation into the cause. Trained law enforcement officers will look into the crash in order to determine how it occurred. If a crash was caused in whole or in part due to driver fatigue, the driver can be held legally accountable for their actions.
In order to investigate and prove hours of service violations, a good truck accident attorney will seek to obtain the driving logs of the driver in question. Truck drivers are required to maintain a logbook showing the number of hours that they drive. If the logbook records show a violation or otherwise contain inaccurate or incomplete information, this may be an indication that the hours of service rules have been violated.
Once it is been determined that an hours of service regulation may have been violated, there are several potential legal remedies available for victims. Due to the fact that many truck accidents lead to serious injuries, victims should seek the appropriate legal compensation, including:
Given the high stakes of truck accident cases, victims should contact an attorney for help as soon as possible before speaking with an insurance company or other third party. Having appropriate legal representation can help to ensure that your rights are protected at the earliest stage in the process.
Truck driver fatigue continues to play a major role in truck accidents across the United States. When an accident occurs, it must be carefully investigated by authorities in order to determine the cause. If fatigue played a role, our national truck accident lawyers at Burg Simpson are prepared to jump into action. We can verify if the driver violated national safety standards prior to the accident. Our attorneys will obtain important pieces of evidence, such as the driving log and internal company documents, in order to determine how and why the driver was fatigued. Using this information, we will prepare a compelling case on your behalf.
Our firm knows and understands what you are going through during this difficult time. Our United States truck accident attorneys have years of experience dealing with fatigued and drowsy driving crashes. We offer free consultations and case evaluations for all potential and prospective clients. We do not collect a fee unless we win your case. To schedule your appointment with one of our attorneys, please reach out to us using our online intake form or give us a call at (866) 695-1750.
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