Truck Driver Fatigue

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There are over 5,000 fatalities and 130,000 injuries each year on the roads that are caused by vehicles. The National Highway Traffic Safety Administration estimates that nearly one in every four motor vehicle deaths in multiple-vehicle accidents involves a large truck. Nearly 98 percent of motorist fatalities from two vehicle crashes involving cars were people from the passenger car involved in the accident. One of the most common causes of truck accidents is driver fatigue. Truck drivers are subject to long trips, long hours, tons of deliveries and little time to sleep. All of these factors put together cause a truck driver to become fatigued and tired when behind the wheel, leading to accidents, and other problems.

How These Accidents Occur

The National Highway Traffic Safety Administration estimates that driver fatigue is a probable cause in 20-40 percent of truck crashes. Many motor vehicle accidents, including truck accidents, are caused by sleep deprivation. Sleep deprivation impairs a person’s ability to operate equipment, make quick decisions, and determine depth perception regarding vehicles in front of yours. Sleep deprivation is not caused by a total lack of sleep but rather inadequate daily sleep. Some truck drivers will need to operate their cars for almost 10 or more consecutive hours at a time without sleep to meet delivery requirements. These long hours and lack of sleep can cause truck drivers to fall asleep behind the wheel or make poor decisions regarding the operation and movement of their truck, ultimately causing an accident.

Governing Laws

The United States Department of Transportation has established trucking laws and regulations that determine how many consecutive hours a truck driver is permitted to operate his or her truck in the span of one week. Per the law:

  • “No motor carrier shall permit or require any driver used by it to drive a property-carrying motor vehicle, nor shall any such driver drive a property-carrying motor vehicle.”
  • More than 11 cumulative hours following 10 consecutive hours off duty; or”
  • “For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty.”

Liability

When determining a truck driver’s liability or negligence in a  truck accident, the attorney of the plaintiff can check the driver’s log to determine how long he or she was driving leading up to the accident. The attorney can also interview the driver to determine his or her sleep patterns prior to the accident and find out if any company policies were broken or not followed when making trips with the truck. If there are policies in place those breaks the laws setup by the Department of Transportation, then the trucking company can be held liable for the accident.

Injuries and Compensation

Victims of driver fatigue  truck accidents can suffer from a slew of injuries including but not limited to the following:

  • Broken bones
  • Concussion
  • Coma
  • Head trauma
  • Severed limbs
  • Respiratory problems

Victims of these types of accidents can sue the truck driver and/or the trucking company for one or more of the following:

  • Medical bills
  • Hospital bills
  • Loss of wages
  • Repair costs
  • Legal fees
  • Court fees
  • Pain and suffering
  • Loss of consortium

Obtaining Legal Help

If you or a loved one has been injured in an accident with a big rig truck, contact an attorney immediately. A  truck accident attorney will be able to obtain all evidence needed to prove liability or negligence on the part of the truck driver in the case. The attorney will also be able to fill out and file all required paperwork with the courts when preparing the lawsuit against the truck driver and/or trucking company.

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