It still runs through your mind: The monstrous tractor-trailer suddenly swerving into your lane. There was nowhere to go, and the sickening thud of the collision still rings in your ears.
Even worse, the unexpected swerve caused you to suspect the driver must have dozed off.
Truck drivers face constant pressure to meet tight deadlines and make money for their trucking company, resulting in fatigue. Truck driver fatigue frequently causes accidents because it slows reaction times and impairs judgment.
This blog will explore the phenomenon of truck driver fatigue and what to do if you think it caused your commercial truck accident. It will also explain how a truck accident lawyer can help you hold the responsible parties accountable and pursue compensation for your losses.
A Sobering Picture of Truck Driver Fatigue
A recent study found that a staggering 13% of commercial truck drivers were fatigued at the time of their crash. The factors included “lack of adequate sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors.” Fatigue was the 7th most common reason for a commercial truck accident.
Commercial truck drivers who get in an accident because of fatigue can face severe legal and financial consequences, such as:
- Fines and fees of $16,000 or more, depending on the severity of the violation
- Increased insurance premiums
- Loss of their Commercial Driving License (CDL)
- Trucking companies employing a truck driver in a fatigue-related accident might face lawsuits and legal claims.
Law enforcement takes the issue of truck driver fatigue seriously as a cause of accidents. Strict laws attempt to minimize the danger to all involved.
Laws to Limit Truck Driver Fatigue and Accidents
The Federal Motor Carrier Safety Administration (FMCSA) governs the commercial trucking industry. It has enacted regulations restricting hours of service (HOS) that truck drivers can spend driving.
The HOS rules cover any vehicle:
- That’s part of a business involved in interstate commerce weighing 10,001 pounds or more
- Transporting hazardous materials
- Transporting 16 or more passengers not for compensation
- Transporting nine people or more for compensation
The HOS rules for driving time include several restrictions:
- The 14-Hour Window Rule—Commercial truck drivers can’t be on duty for more than 14 consecutive hours. Any driver who hits that limit must take a 10-hour break before they can resume driving.
- 11-Hour Window Rule—A truck driver can drive a maximum of 11 hours after the mandatory 10 consecutive hours off duty within a 14-hour window.
- 30-Minute Break Rule—After the mandated 10-hour break, truck drivers can’t exceed eight hours of driving without taking a 30-minute break.
- 60/70-Hour Rule—Truck drivers can only be on duty for a maximum of 60 hours in one seven-day period or 70 hours in an eight-day period.
- Sleeper-Berth Rule—Commercial truck drivers must spend at least seven hours in a sleeper berth (a resting compartment behind the truck’s cabin) and another three hours off duty either in-berth or out-of-berth.
Commercial truck drivers face many restrictions to reduce fatigue, but various pressures can cause them to violate the rules. Those might come from the drivers or the trucking company they work for. An attorney can investigate your case to uncover any violations contributing to your accident.
The Pressures Trucking Companies Face
Flaws in the U.S. supply chain are an ongoing concern, and there’s a lot of pressure to fix them. Commercial trucking companies naturally want to thrive in the market, and some might push or incentivize truck drivers to violate HOS rules meant to minimize fatigue.
Why would trucking companies take such a risk? Reasons include:
- Pressure to Meet Deadlines—Tight delivery schedules are a fact of life in the trucking world. Trucking companies may encourage drivers to skip breaks or drive longer than allowed to maximize on-time deliveries and increase their profit margin.
- Driver Incentives—Trucking companies often pay commercial truck drivers by the mile. Drivers looking for a better payday might drive longer than allowed. Trucking companies willing to ignore infractions benefit from higher productivity and revenue.
- Supply Chain Delays—Bottlenecks at distribution centers, loading docks, and ports can slow truck drivers’ delivery times. Trucking companies wanting to satisfy customers may pressure their drivers to meet deadlines, even if it means pushing through driving restrictions.
- Lack of Oversight—Trucking companies can employ hundreds of drivers nationwide. They might not notice an isolated driver occasionally skirting HOS driving regulations.
Higher profit margins for all involved are reason enough for some to shrug off safety regulations. A law firm with experience handling commercial trucking accident cases will know what to look for and how to get to the truth of your case.
What to Do if You Suspect Truck Driver Fatigue Caused Your Accident
Maybe you’re here because a commercial truck accident injured you.
Did you notice any of the signs of a fatigued driver?
- Drifting between lanes or onto the shoulder
- Erratic changes in speed, such as sudden slowing or acceleration
- Disregarding traffic signals
- Sudden swerving or jerky movements
- Nodding or yawning frequently
If you recognize any of these signs, you may have a case for driver fatigue in your accident.
Take These Steps After a Commercial Truck Accident
You’ve left your accident site, possibly to go to the hospital. However, you can still ensure the best outcome after a commercial truck accident.
Above all, make health your top priority. That means diligently following your doctor’s orders, consistently pursuing physical therapy, and giving yourself the time and space to care for your well-being.
Also, post-traumatic stress disorder, anxiety, and depression often follow serious accidents. Get treatment if you see any signs of those disorders because they can cause more distress than your physical injuries.
Also, document your injuries with extensive photos and notes of pain and discomfort. Doing so could provide valuable evidence to factor into any damage compensation.
In addition, after a commercial truck accident:
- Call Your Insurance Company: Your insurer needs to know about the accident immediately. Give them an honest account of what happened without any embellishment or exaggeration. They will decide whether to investigate the truck driver and trucking company involved.
- Don’t Divulge Any Info to the Other Insurance Company: You’ll probably get a call from the truck driver’s insurance company. That call aims to get info that shifts the blame to you. They are skilled at getting you to say something to indicate you were at fault, so politely end the conversation without telling them anything. They might also offer a lowball settlement, probably only a fraction of what you could win with the help of an experienced attorney.
- Preserve All Evidence: Start a journal with notes, medical bills, witness testimony, repair estimates if your vehicle was damaged, and the police report. Do this right away before your memories fade. An attorney will help get all the details.
- Stay Off Social Media: Innocent social posts can be your worst enemy in an accident case. If you are arguing for damages because of injuries sustained in the accident, thye insurance company can use any post that shows you looking healthy against you in court and cause a jury to minimize your award.
- Don’t Talk About the Accident: You shouldn’t discuss your accident with anyone other than your lawyer or doctor. Conversations with others that might sound like you’re accepting blame for the accident can harm your case.
It might be unnerving to realize how much is riding on you to make the right decisions after a commercial truck accident. Many victims opt for an experienced attorney to navigate the legal entanglements and other issues.
Reasons You Need a Lawyer After a Commercial Truck Accident
You’re on the mend after your accident with a commercial truck driver, and you realize how little you know about pursuing a case alleging driver fatigue. Maybe you saw signs of erratic driving before the accident or have other reasons to be suspicious. But how do you prove it?
You don’t know how to collect the evidence needed. You don’t know the laws and regulations that apply.
These are strong indications that you should hire a lawyer.
Here’s what a good truck accident lawyer can do to help:
- Collect Evidence: Collect witness testimony, the truck log, and other evidence of driver fatigue. An experienced law firm will gather evidence and investigate the driver and the trucking company. A thorough, professional investigation can make the difference between winning compensation or not.
- Knowing Laws Covering Truck Driver Fatigue: Law firms experienced in handling commercial trucking accidents will know the intricate details of regulations governing drivers’ hours of service and other issues. It often takes a keen legal eye to spot a violation of an obscure state law or other regulation.
- Earn Damages to Cover Medical Expenses: Healthcare costs can spiral out of control quickly, and repercussions can emerge years after an accident. In too many cases, the victim cannot cover the ongoing payments. A lawyer will give you the best chance to earn your deserved compensation.
- Assess Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life are considered non-economic damages. An experienced attorney will know how to include those in any damages.
- Secure and Interpret Black Box Data: The black box in the truck could indicate whether the driver was driving erratically. It would also contain data to bolster your case for negligence due to driver fatigue. An attorney will get the black box data and assess its implications for your case.
- Untangling Multiple-Party Truck Accidents: Your commercial truck accident may have included several parties. Let an attorney unravel this complex situation and protect your interests.
Pursuing a case alleging truck driver negligence will test your patience because the legal process moves slowly. An attorney will communicate with the relevant authorities and inform you of the timeline.
Bottom line: Any commercial trucking accident is tragic, but a proven attorney is your best chance to move on without letting it become a life-altering struggle. Finding the right attorney will improve your well-being by reducing the stress of handling the myriad details of a commercial truck accident case. In many cases, it’s the right decision.
Truck Accident FAQs
How long do I have to file a claim?
This statute of limitations varies by state and the case’s specifics, such as personal injury or wrongful death claims. In Washington, accident victims generally have three years from the date of the accident to file a claim in civil court. Some exceptions, like cases involving minors or government entities, may have different deadlines. Given the complexities, those affected must contact a legal representative familiar with the laws of the state where the accident occurred to meet all deadlines and procedural requirements.
What if the trucking company denies liability?
If a trucking company denies liability after an accident, gather all relevant evidence, such as police reports and medical records, and consult an experienced truck accident lawyer.
To establish a strong case, they will investigate all aspects of the accident, including interviewing expert witnesses. If necessary, they will file a lawsuit and represent you in court.
Your lawyer will negotiate with the insurance company on your behalf and take any other necessary steps pertaining to your case. This will greatly improve your chances of establishing fault and getting the compensation you need.
Can I still file a claim if I am partially at fault?
In some jurisdictions, including Washington state, you can still receive compensation if you were partly responsible for an accident. However, the settlement you receive will be reduced by your percentage of fault.
Dealing with accidents and complex arguments about shared liability requires working with a qualified truck accident attorney. It’s the best way to understand your options and recover after an accident.
Choose a Law Firm Experienced in Truck Driver Fatigue Cases
You will need an experienced truck accident lawyer to prove that a truck driver had an accident because of fatigue. Winning such cases involves uncovering evidence of wrongdoing and understanding the fine points of federal and state laws.
An experienced lawyer from the Ye Law Firm, Inc. P.S., understands how to win your case. They will maximize your chances of securing the compensation you deserve for the hardship the accident has caused. It will hold the truck driver and trucking company accountable for any negligence that factored into the accident.
Are you ready to trust your case in the hands of a firm with the experience to achieve your best possible outcome? Contact Ye Law Firm today for more information.