Trucking companies keep their drivers on strict schedules, and when weather or traffic slows transit down, making up for lost time can lead to fatigue. Unfortunately, tired and sleep-deprived truck drivers pose an enormous risk to other motorists, and trucking accidents often leave victims with serious injuries that impact their lives for years to come. If you’ve been involved in an unfortunate collision under these circumstances, a personal injury attorney will have to prove that your accident was caused by a fatigued truck driver.
Why Is Truck Driver Fatigue So Common?
Trucking companies operate under tight deadlines, so drivers are often pushed to make deliveries on time. Some might drive over 12 hours a day and even violate federal safety guidelines to reduce the risk of penalties from their employers.
Fatigued drivers cause so many trucking accidents that the federal government strictly regulates how long they can be on the road. Drivers are usually prohibited from driving for more than 70 hours per week and should never be on the road for more than 11 hours a day. Violations of these rules expose both the trucking company and the driver to serious fines.
How Do Personal Injury Attorneys Prove a Driver Was Fatigued?
Proving that fatigue contributed to a trucking accident may be difficult, but a skilled attorney can establish liability. The time of day is often an indication that fatigue was a factor in an accident. If a collision occurs late at night, the driver was likely too tired to drive safely.
The driver’s behavior immediately before the collision can also indicate fatigue. For instance, if they failed to brake, follow a curve in the road, or take other reasonable measures to prevent a collision, they may have been asleep or on the verge of falling asleep when the collision occurred.
What Driver Records Are Available?
Commercial drivers are required to keep detailed records of their driving hours, which are kept in computerized logs. If a trucking accident resulted in serious injury, your personal injury attorney may subpoena these records along with the driver’s toll receipts and credit card charges.
Exceeding the regulations of 70 hours per week or 11 daily hours can be considered negligence. If the evidence shows that the driver violated federal safety guidelines, your personal injury attorney may be able to hold them and their employer responsible for your damages.
If you’ve been injured in a trucking accident, The Law Offices of Gallner & Pattermann in Council Bluffs, IA, will fight to achieve justice on your behalf. They consistently provide a level of service that has earned them recognition as one of the country’s leading law firms. Visit their website to learn how they can help after an accident, follow their Facebook for more legal tips, or call (712) 323-0999 to schedule your initial consultation.