Truck Driver Fatigue Accident Lawsuit In 2024 - Your Complete Guide
If you have been involved in a trucking accident, knowing which rules apply and when to apply them can be the difference between getting fair compensation and the trucking company walking away without penalty in a Truck Driver Fatigue Accident Lawsuit. The licensed, skilled, and experienced attorney has years of experience handling such cases. Therefore, hiring such lawyers will give you the assurance that they will passionately handle your case to provide you with maximum compensation for your lawsuit.
According to the Federal Motor Carrier Safety Administration (FMCSA), trucking accidents due to driver fatigue are the leading cause of truck accidents. In addition, as many as 13% of commercial truck drivers are fatigued at the time of a crash.
The FMCSA notes that truck driver fatigue is due to various factors, such as:
- Inadequate sleep.
- Lengthy hours of work.
- Physical or mental exertion that affects performance.
- Strenuous activities.
Driving with too little sleep is the biggest concern among all drivers in the U.S. Driver fatigue and sleep deprivation symptoms are similar to the symptoms seen in drivers under the influence of alcohol.
Learn more about Truck Driver Fatigue Accident Lawsuit
What you need to know about truck driver fatigue
Whether you are a truck driver or an employer of truck drivers, here are some things worth pondering:
- Truck drivers are required to maintain a logbook of their driving hours.
- Drivers of trucks cannot legally drive for more than 11 consecutive hours unless the driver takes a 10-hour break in between the two driving shifts.
- Truck drivers cannot have alcohol or other drugs that affect their driving capabilities within eight (8) hours before a driving shift.
- If a truck driver takes two and a half days off from work at any given time, they can start their workweek at zero hours.
- Truck drivers are required to take a 30-minute break during their first eight hours of a shift.
- Drivers can work a maximum of 14 consecutive hours, but only 11 hours of this can be spent on the road.
- Truck drivers are bound to drive after 60 hours on duty on seven (7) consecutive days. For example, a driver may restart a seven (7) consecutive day period after taking 34 or more consecutive hours off duty.
- Truck drivers cannot drive after 70 hours on duty for eight (8) consecutive days. For example, a driver may restart an eight (8) consecutive day period after taking 34 or more consecutive hours off duty.
Things to do if you suspect fatigue as the cause of a truck accident
If you have been injured in a truck accident and have reason to believe that fatigue and truck driver negligence were the reasons thereof, seek immediate medical attention first. Then, do the following once you are able and it is safe to do so:
1. Check out the signs of a fatigued truck driver's accident:
If a truck was weaving or speeding before the truck driver fatigue accident occurred, it is likely that fatigue was one of the causes of the crash. Other signs of fatigue in truck driver accidents include:
- An out-of-control truck or one driving in a counter-flow.
- Egregious errors in judgment, such as pulling out into heavy oncoming traffic.
If you notice any signs of fatigue, it is prudent to do two things:
- Mention all the signs to the police or other law enforcement officers so that they can make a clear report of the accident. Although police reports are not conclusive evidence of fatigue, they can indicate that driver fatigue was a concern of yours at the scene.
- It is vital to consult an experienced truck driver fatigue accident lawyer if you or a loved one was harmed or even killed in the accident. The causes of accidents are complex and require investigation by the authorities. Driver fatigue as a cause will likely need to be one of the factors investigated.
2. Check out the records of the truck:
Drivers need to record their hours of service. Newer trucks contain built-in systems that record how many hours a driver had been behind the wheel. Responsible trucking companies should not allow the driver to go on once the daily or weekly mandated hour limits are reached.
Other trucks track the miles they are driven rather than hours. Therefore, mileage can be used to estimate time on the road and assess potential fatigue.
3. Review other records:
Other records can be examined if logbooks or in-cab monitoring are not available. Watch out for defendants who would intentionally destroy records. For example,some drivers would occasionally destroy their logbooks as these records might indicate fatigued driving.
Other records that can help assess driver fatigue
Other records that can be used to assess fatigue includes:
Bills of lading:
Cargo loaded onto a truck will come with bills of lading with a timestamp. This can give an idea of how many miles and hours the drivers had been on the road before the trucking accidents due to driver fatigue happened.
Gas receipts:
Gas receipts are normally stamped with time and date. They can then be used to review times between the mileage and the stops.
Hotel receipts:
Truckers are likely to stay in hotels or inns on long hauls. These receipts can be useful in determining total mileage in a day. They could also indicate how long the day was by looking at the times between checking out and checking in.
Receipts of tolls:
Whether electronic or paper, toll receipts show times and dates, which help calculate the mileage and how long the truck driver had been working.
Surveillance cameras:
Most hotels, stores, gas stations, and parking lots are equipped with surveillance cameras. Surveillance cameras can be used to examine the driver’s demeanor, actions, and appearance indicative of signs of truck driver fatigue cases.
Who is responsible for the truck accident due to the driver’s fatigue?
Drivers are responsible for the safe and responsible operation of their trucks. This includes ensuring they are not fatigued or drowsy before they go behind the wheels. Drivers are also liable in the following circumstances:
- The driver is not operating the truck safely or responsibly.
- The driver has failed a general duty of care.
- Inadequate maintenance or improper loading of a truck can cause accidents, partly because it makes steering and braking very difficult.
Note that defective equipment can also cause an accident. In that case, the manufacturer or several entities that were responsible for the design, parts, or other elements may also be liable for the accident.
The above factors are deemed negligent if the failure caused an accident that harmed people or damaged property.
If another driver violates the right-of-way rules, the other driver may have caused the accident, whether the truck driver was exhausted or not. In these cases, the violating driver is the one liable.
Moreover, a missing or faulty traffic signal, unclear road construction signs, and poor traffic design may cause an accident. The entities responsible for these are often the local, state, or city governments. Responsible parties can be sued for harm caused by the truck driver fatigue accident and be liable for Truck Driver Fatigue Accident Lawsuit.
Hire an experienced truck accident attorney who will fight for your rights.
If you were injured or your family member died in a truck accident, contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation. We will provide you with the best references to skilled and experienced truck accident lawyers who can investigate whether the driver was fatigued, drowsy, or otherwise negligent.
Our team and network will also help you negotiate with insurance companies and settle your Truck Driver Fatigue Accident Lawsuit and negligence case in court. Our team is eager to fight for you and help you get maximum compensation. Call us today, and let’s discuss your case.
