Truck Driver Fatigue
Have you or a loved one suffered an injury in an accident caused by a tired truck driver? Unfortunately, truck driver fatigue is a very serious issue that leads to many injuries and deaths each year.
If a drowsy trucker has harmed you, standing up for your rights is important. Call a Phoenix truck accident lawyer to discuss your case and learn how they can help get the compensation you deserve.
What is Truck Driver Fatigue?
Truck driver fatigue happens when truckers drive for too many hours without enough sleep or rest breaks. Driving a big 18-wheeler truck is a hard job that requires the driver to always stay alert. However, trucking companies often pressure drivers to meet unrealistic deadlines. This can cause truckers to skip breaks and drive the driveway longer than is safe.
When truck drivers don’t get enough rest, they become very drowsy. Fatigue makes it hard for them to concentrate on the road. Their reaction times get slower, and they can even fall asleep at the wheel. This is super dangerous when a trucker is driving a huge semi-truck weighing up to 80,000 pounds. It puts everyone on the road at risk.
The Tragic Consequences
When an 18-wheeler collides with a passenger vehicle, the results are often horrific. The occupants of the much smaller and lighter car usually suffer the worst of it. Truck accident injuries can include:
- Traumatic brain injuries
- Crushed or amputated limbs
- Broken bones
- Spinal cord injuries and paralysis
- Burns
- Organ damage
- Disfiguring lacerations
Many truck crash victims sustain life-changing injuries that leave them with permanent disabilities. Some injuries prove fatal. Families are left grieving the sudden, senseless loss of their loved ones. It’s devastating to think these tragic accidents could not have occurred if the truck driver stayed alert and well-rested.
Truck accident injuries also lead to huge financial costs for victims. The medical bills for treatment can easily rack up to hundreds or even millions of dollars. Many people can’t afford these massive expenses. On top of that, injuries often leave truck accident victims unable to work. So, in addition to the gigantic medical bills, there’s also the stress of lost income.
All of this takes a terrible toll on truck accident victims and their families. The physical, emotional, and financial aftermath is a lot to handle. But you don’t have to go through this alone. Call a truck accident lawyer to get your support during this difficult time. An attorney can take on the burden of fighting for the compensation you deserve while you focus on healing.
Why You Need a Truck Accident Lawyer
Taking on a trucking company by yourself is a daunting prospect. They’ll have a team of lawyers ready to fight your claim. It’s hard to go up against them alone. That’s why you need an experienced truck accident lawyer in your corner.
A truck accident lawyer knows the laws surrounding commercial trucks inside and out. They can investigate the accident to gather evidence of the trucker’s fatigue, such as:
Logbooks Showing Hours Driven
Truck drivers are required to keep detailed logbooks recording the hours they drive. These logs must follow the hours of service regulations that limit driving time to help prevent fatigue. The logbooks should show:
- When the truck driver went on and off duty
- Total hours driven each day
- Drivers take breaks throughout the day
In the past, drivers kept logbooks on paper. But now, truck drivers use electronic logging devices (ELDs). These electronic logbooks aim to be more accurate and harder to falsify than paper logs. Your lawyer will carefully examine the truck driver’s logbooks to see if there are any hours of service violations.
However, some unscrupulous truck drivers still find ways to manipulate their ELDs. They may edit entries or use the ELD in ways that don’t reflect their driving time. These illegal practices allow them to drive longer than what’s safe or permitted.
If the trucker’s logbook shows they broke the hours of service rules, that’s strong evidence of fatigue. But even if the logbook follows regulations, your lawyer will still scrutinize the entries. They’ll look for inconsistencies that can point to log falsification. Your attorney may also compare the logbook to other evidence like gas receipts, toll records, or GPS data to verify its accuracy.
Black Box Data from the Truck
Most commercial trucks have a black box called an event data recorder (EDR). This device captures valuable information about the truck’s operation, especially in the moments before a crash.
Black box data that may help prove the truck driver was fatigued includes:
- The truck’s speed at the time of the accident
- How fast the truck was going in the seconds before impact
- Whether the driver applied the brakes
- If the truck drifted out of its lane
- The number and length of hard stops
This data reveals the truck driver’s behavior leading up to the wreck. If the EDR shows the truck was speeding or made sudden maneuvers, that can indicate the driver was too drowsy to drive safely. Similarly, if the data reveals the trucker didn’t brake or braked too late, that suggests they weren’t paying attention—possibly because they were nodding off.
The EDR data can also show if the truck driver had difficulty controlling their rig. Fatigued truckers often have trouble staying in their lane as they start to drift off. The black box may have recorded a pattern of the truck veering onto the shoulder or into other lanes before the crash.
Your truck accident lawyer will act quickly to preserve the EDR data from the big rig. The trucking company may try to destroy this evidence to avoid liability. But your attorney will send a spoliation letter demanding they save the black box. Then, your lawyer will work with professionals who can interpret the data to identify signs the trucker was driving while dangerously fatigued.
The Truck Driver’s History of Violations
Examining the truck driver’s history is important to your lawyer’s investigation. Your attorney will search for past traffic violations or accidents involving the trucker. They’ll also look into the driver’s medical certification and background.
Suppose the truck driver has a history of hours of service violations that establishes a driving pattern while fatigued. Previous citations for unsafe driving behaviors like speeding, running red lights, or improper lane changes can also point to ongoing fatigue issues.
Your lawyer will also verify if authorities have cited the truck driver for a cargo securement or weight violation at any point. An overloaded or unbalanced trailer is even harder to control if the trucker is drowsy at the wheel. The combination of fatigue and unsecured freight creates a very dangerous situation.
In addition, your attorney will look into the truck driver’s medical history. All commercial truck drivers must pass a medical exam to confirm they can drive. However, some trucking companies hire drivers who don’t meet the minimum health requirements. If the trucker had a pre-existing condition that made them prone to fatigue, but the trucking company hired them anyway, that may prove negligence.
Witness Statements About the Trucker’s Driving
Eyewitness accounts from others who saw the truck before the wreck provide compelling evidence of fatigue. Your lawyer will identify and interview anyone with information about the trucker’s driving before the crash, such as:
- Other motorists sharing the road with the truck
- Accident bystanders who saw the moments leading up to the collision
- Workers at rest stops, gas stations, or weigh stations the trucker visited
These witnesses may have seen the truck swerving, jerking, drifting out of its lane, or moving erratically. That can indicate the truck driver was struggling to stay awake. Witnesses might also report that the truck traveled at inconsistent speeds or stopped suddenly. Speed changes and hard braking can both point to a drowsy trucker.
Your lawyer will also ask witnesses about the truck driver’s behavior, including whether they made any stops leading up to the wreck. Witnesses may describe the trucker as appearing groggy, disoriented, or clumsy, which are common signs of exhaustion and unfitness to drive.
Witnesses at truck stops or gas stations can also inform your attorney how long the truck driver spent there. Brief stops under 30 minutes aren’t enough to combat fatigue. In contrast, if witnesses report that the trucker parked for several hours to sleep, that will work against a fatigue argument.
Your truck accident lawyer will gather statements from anyone who can shed light on the trucker’s state before the crash. Witnesses are often more willing to open up to an attorney than the trucking company representatives or insurers. Your lawyer has the skills to interview witnesses and elicit the information needed to back up your claim.
What to Look for in a Truck Accident Lawyer
With so much at stake, finding the right truck accident lawyer to handle your case is important. You want an attorney who has specific experience with truck accident claims. These cases involve many unique aspects that a general personal injury lawyer may not be well-versed in.
Look for a truck accident lawyer who has a track record of success. You want to see they’ve secured sizable settlements and verdicts for past clients in similar situations. Be sure to read reviews from former clients to understand what working with a lawyer is like.
Also, consider the law firm’s resources. Do they have the manpower and money to thoroughly investigate your accident? Taking on a big trucking company requires extensive time, effort, and expense. You want to ensure the firm you hire has the means to build the strongest case possible.
Finally, choose a truck accident lawyer you feel comfortable with. You’ll be working closely with them during a very stressful time in your life. Having a compassionate, responsive attorney and a good communicator is important. You should feel confident in their ability to guide you through the legal process.
Taking the Right Steps
If you’ve suffered an injury in an accident caused by truck driver fatigue, don’t wait to seek legal representation. There are strict deadlines for filing truck accident lawsuits. If you miss them, you can lose your right to compensation. So, it’s best to call a truck accident lawyer as soon as possible after your crash.
Your attorney will immediately get to work gathering time-sensitive evidence before it disappears. They’ll deal with the insurance companies and trucking company lawyers, so you don’t have to. With your lawyer handling the legal heavy lifting, you can focus on your physical recovery and restoring your life.
An experienced truck accident lawyer will also ensure you get the necessary medical care. They can put you in touch with doctors and specialists who can properly diagnose your injuries and recommend treatment. These medical professionals can provide invaluable testimony to support your claim as well.
Don’t try to handle a truck accident on your own. The insurance companies will try to take advantage of you while you’re at your most vulnerable. You need a dedicated legal advocate looking out for your best interests. Contact a truck accident lawyer to get started on your case today.
No one should suffer because of a fatigued truck driver’s negligence. You deserve justice and fair compensation for all you’ve been through. An accomplished truck accident lawyer will work to hold the trucker and their employer accountable. You can count on your attorney to be there for you every step of the way as you seek the money you need to rebuild your life.
Call a Truck Accident Lawyer Today
The impact of a truck accident can stay with you for a long time. You may be facing a difficult recovery process and an uncertain future. It’s normal to feel overwhelmed and unsure of what to do next. But you don’t have to face these challenges alone. Help is available.
If you’ve been the victim of a drowsy truck driver, contact a truck accident lawyer in your area for a free consultation. An experienced personal injury attorney in Phoenix will listen to your story with understanding and explain your legal options. You can get answers to all of your questions and learn how a lawyer can make a difference for you.
Remember, you pay nothing upfront to hire a truck accident lawyer. They work on a contingency fee basis, which means their payment comes as a percentage of your settlement or verdict. If they don’t win money for you, you owe them nothing. So you have nothing to lose and potentially lots to gain by discussing your case with an attorney.
The sooner you call a truck accident lawyer, the sooner you can start on the path to justice. Your attorney will immediately begin investigating your crash and building your case. They’ll deal with all the legal details so you can concentrate on healing.
Don’t let the trucking company get away with putting fatigued drivers on the road. Hold them accountable with help from a skilled truck accident lawyer. With a compassionate, knowledgeable attorney fighting for you, you can feel confident you’ll get the maximum compensation possible.
Contact an experienced truck accident lawyer today to schedule your free case evaluation. Get the personalized legal guidance you need after a terrible wreck. Your lawyer will handle every aspect of your claim professionally and seriously. You’ll gain an invaluable advocate who always prioritizes your needs as you seek the justice and financial recovery you deserve.