Legal Representation After A Fatigued Truck Driver Accident
According to data from the National Transportation Safety Board, driver fatigue was a factor in 30% to 40% of accidents involving large trucks. These kinds of collisions can be fatal to others travelling on the road in proximity of a large truck at the time a wreck takes place. Long hours of driving that are in violation of federal trucking regulations, insufficient sleep, and the role of a trucking company can be just some of the factors that lead to a serious accident resulting from negligence.
If you are involved in a trucking crash due to fatigued driving, or you’ve lost a loved one where this was found to be a cause, you may be entitled to compensation for your injuries and losses. Our team of Boston personal injury lawyers at DiBella Law Injury and Accident Lawyers can revisit the circumstances of your accident to evaluate your case. Call us today at (978) 327-5140.
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Federal Trucking Regulations to Prevent Fatigued Driving
The Federal Motor Carrier Safety Administration (FMCSA), which is the leading government agency that regulates trucking in the United States, has established safety guidelines for the movement of large trucks and buses. It oversees over 500,000 commercial trucking companies and over 4 million commercial driver’s license holders (which also includes those licensed to drive buses). The goal of this agency is to take measures that would cut the number of crashes, injuries, fatalities caused by these large vehicles on highways across the United States.
With that in mind, the FMCSA has provided a summary for the hours of service regulations that provide oversight for truck drivers out on the road. These very specific rules include the following:
- Drivers are not allowed to operate their trucks for more than 14 consecutive hours after going on duty, following 10 hours of off-duty time.
- Drivers are required to take a 30-minute break after 8 cumulative hours of driving.
- Drivers must adhere to a specific number of hours that they can drive within one work week. This amount may vary depending on how many days they work within a given week.
- Drivers must be aware of rules governing their 10-hour off-duty period. In some circumstances, they may be able to spit this time in accordance with federal rules.
- Drivers must know how they should navigate adverse driving conditions, as there are provisions that lay out time they can spend on the road.
In the case of an accident with a fatigued truck driver, there may be other rules of the road that apply to them and were not followed, that may have led to your wreck. Your Boston truck accident lawyer can examine the details of your collision to determine what details would be relevant to your personal injury claim.
Negligent Truck Driving Practices That Can Lead to Fatigued Driving
The FMCSA has issued tips for truck drivers to steer clear of driver fatigue. Those who don’t get enough rest while on the road can be affected physically and mentally. Negligence can come into play with fatigued truck driving in the following ways:
- Driving while drowsy and on an insufficient amount sleep, which can affect alertness to hazards on the road.
- Not taking breaks that are required by federal trucking regulations.
- Taking medications that can make a driver drowsy behind the wheel.
- Drinking alcohol while on a shift.
- When a trucking company doesn’t monitor the time of its drivers on the road or when it pushes them to work beyond hours-of-service limits.
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Evidence of Fatigue After an Accident
Although some technology does exist that could help prevent trucking accidents, development is still underway, so trucking companies and their drivers are required to obey the federal rules of the road. When they don’t, that constitutes negligence, and it could lead to you experiencing very serious injuries. After an accident and getting treatment for your injuries, a lawyer can look for the following evidence to build up your case:
- What time of day the accident happened
- Evidence of swerving and lane changes at the crash site
- Relevant information from truck driving logs
- Medical reports relevant to the truck driver
- Whether alcohol or drugs were involved
- Potential witnesses and camera footage
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Contact an Attorney
If you were injured in an accident as a result of a fatigued truck driver, then you have the right to pursue compensation for the injuries that you face. You could receive payment for current and future medical expenses, missed time from work due to your harm, damages for pain and suffering, loss of enjoyment of life, and possibly more. Our founding partner Christopher DiBella was selected as a member of the The National Trial Lawyers Top 100 – Civil Plaintiff for 2021 and 2022 in Massachusetts. We know that this can be a very stressful time, and our team of attorneys can come alongside of you to gather the evidence you need. Call DiBella Law Injury and Accident Lawyers today for a free consultation at (978) 327-5140.
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