Truck drivers are on the road for long periods of time, which means they are prone to get tired while driving. It is important that the truck driver takes breaks to ensure they do not overtire on the road. The biggest danger of driving while overtired is falling asleep or inattention to driving while in a fatigue situation, which could lead to loss of control and a catastrophic crash leading to injury or death.
If you were in an accident due to a truck driver dozing off while behind the wheel, contact a Raleigh driver fatigue lawyer to help you recover from your injuries. A professional attorney could be able to help you understand the damages in your case so you can get the compensation you deserve.
Rules and Regulations to Prevent Truck Driver Fatigue
The Federal Motor Carrier Safety Act is in place to prevent truck driver fatigue, which are federal regulations that regulate interstate commerce with tractor-trailers. Driving while too tired would be a violation of the Federal Motor Carrier Safety Act, which could lead to suspension of a person’s driving privileges and civil liability.
Also, the commercial driving license that a truck driver must obtain to drive the vehicle have certain heightened requirements they must follow. They must also follow the rules of the road, which would include having adequate rest, not driving while tired or fatigued, et cetera.
For a free legal consultation with a driver fatigue lawyer serving Raleigh, call (800)785-5000
Leading Cause of Driver Fatigue
Many times, truck drivers are under pressure to complete their load to get paid or they may be under pressure from their employer to finish the job. Because of the pressure involved with completing a run, corners are cut with regards to rest periods. This is dangerous and the main reason for truck accidents involving a fatigued driver.
Truck drivers have to keep a log of both their times on driving and on their rest period. They may drive a maximum of 11 hours after 10 consecutive hours off-duty.
If it can be proven that the truck driver was driving while fatigued, then that could establish liability against the trucking company and the driver.
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Types of Accidents
Driver fatigue often leads to loss of control of the vehicle, and that type of accident can lead to a number of different scenarios such as:
- Intersection accidents
- Drifting off on the side of the road
- Rear-end accidents
- Rollover accidents
- Sideswipe accidents
These kinds of mistakes can lead to very serious injuries due to the size and weight of a commercial truck. By pursuing justice, a Raleigh driver fatigue lawyer can help the victims in the accident recover.
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Driver and Trucking Company Liability
The truck driver and the trucking company share liability. Usually, the trucking company’s insurance company insures both the driver and the trucking company. The claim itself is paid by the insurance company in response to liability found on either the driver or the company.
If it was found that the truck driver was not liable or did not cause an accident for negligence, then they could be absolved of the liability. One example would be that the truck driver had a heart attack, with no prior history of heart attacks or health issues. This would be considered a sudden medical emergency and may absolve that truck driver and the company of liability.
A Raleigh driver fatigue lawyer could assist you with proving the liability against the trucking company and driver. Call today to schedule a consultation.
Call (800)785-5000 or complete a Free Case Evaluation form