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The very nature of truck driving is traveling long distances for several hours at a time. Unfortunately, this can be a recipe for fatigue. In order to combat preventable truck accidents caused by drowsy driving, the Federal Motor Carrier Safety Administration (FMCSA) has created Hours of Service regulations that outline the maximum length of driving shifts, how often mandatory rest breaks must be taken, and how many hours must elapse between shifts. However, even with these regulations in place, some truck drivers choose to ignore these rules and place profit before safety. The results of this negligence can be devastating.
If you or a loved one have been injured in a truck accident, contact an experienced lawyer at BD&J. Backed by years of experience and more than $2 Billion* in recoveries, our seasoned team is ready to fight for maximum compensation on your behalf.
Get started on your Fatigued Driving Accidents case by calling us at (855) 906-3699 or filling out our online form today!
The Dangers of Drowsy Driving
A study by AAA has shown that the risks of drowsy driving are alarmingly comparable to drunk driving. And, according to the CDC, being awake for 18 hours causes similar impairment to being under the influence of alcohol with a blood alcohol content (BAC) of 0.05%. Many people who believe they were hit in a car accident by a drunk driver were actually struck by a drowsy driver. However, the consequences of both can be identical, and you still may be entitled to compensation as the victim.
Driving without adequate sleep has a number of negative consequences, including:
- Increased risk of drifting between lanes
- Decreased reaction time
- Increased risk of falling asleep behind the wheel
How Common is Drowsy Driving?
Drowsy driving is extremely common among truck drivers, unfortunately. Factors such as inadequate sleep, strenuous activities on the job and long work hours can contribute. While there are restrictions on how many hours truck drivers can drive in a week or at one time, they still allow fairly long amounts of driving: no more than 11 consecutive hours, and no more than 60 hours in a week, according to federal law.
A growing area of concern involves truck drivers with sleep apnea, which affects as many as one-third of all truck drivers. Sleep apnea is a sleep disorder that causes breathing interruptions during sleep. Because this condition disrupts sleep, it can cause decreased alertness and performance during the day. This can make it difficult to react quickly, focus the eyes, and stay attentive while driving, especially for long periods of time.
Who Is Liable in Fatigued Driver Accidents?
In fatigued driver accidents involving commercial truck drivers, both the driver and the trucking company can be held responsible. All drivers have a legal obligation to operate their vehicles safely and responsibly. If evidence shows the driver failed to safely operate their truck and caused an accident, they can be held liable.
However, if an investigation into the accident shows the trucking company allowed the driver to exceed the legal hours of service or falsify driving log records, they may be found liable for the accident. The trucking company can also be held indirectly liable if the truck driver was employed by the company and working at the time of the accident. The Federal Motor Carrier Safety Administration has strict hours of service rules meant to reduce driver fatigue.
What Damages Can You Recover?
Specific damages and compensation can vary depending on the extent of your injuries, vehicle damage, and the overall outcome of your case. In California, damages may include compensation for lost wages, potential future earnings, and medical costs. If you can show the accident caused significant emotional distress, you may also be eligible for compensation for pain and suffering. A professional lawyer can assist with the claim filing process; they work to ensure you receive the compensation you’re entitled to.
How Do You Prove Negligence in a Drowsy Driver Accident?
To prove negligence in a drowsy driver claim, the claimant must prove that the negligent driver had a duty to operate their vehicle with caution and care. They must also prove the driver failed to uphold their obligation by operating their vehicle when overtired, which impaired their ability to drive. Lastly, the claimant must prove the accident occurred because the driver was drowsy or overtired.
Sometimes, proving that a driver fell asleep at the wheel and caused an accident can be challenging. However, an attorney with experience in fatigued driving accidents can help by examining evidence and further investigating the incident. This may include accessing police reports, analyzing traffic cameras, and checking the negligent party’s work schedule and driving log books to determine if they were driving excess hours at the time of the accident.
Call Today for an Experience You Can Trust
There is no excuse for driving an 80,000-pound behemoth without adequate sleep. If you or a family member has been injured because of the carelessness of a commercial truck driver, do not hesitate to put a member of our team on your side today. Consultations are free and there are no fees unless we win your case.
We’re here to help. Call now to speak with a Los Angeles lawyer.
Contact us at (855) 906-3699 or fill out our online form to schedule a FREE case consultation with our attorneys.
