How to Deal with a Truck Accident Caused by Driver Fatigue

Posted by
Truck Accident Attorney
Truck Accident Causes

Driver fatigue is a common reason for truck accidents in California. Commercial trucks will be huge in size and they carry large amount of cargo, hence they are difficult to maneuver, especially when they are at a greater speed. In addition to this, a fatigued driver can make the situation even more dangerous. If a driver feels fatigued it will reduce their ability to react and control the truck properly. The fatigue prevents the driver from taking quick and life-saving decisions, hence it can result in severe injuries and even fatalities for the people involved in the accident.

Driver fatigue is often caused by the lack of sleep or working continuously for a long period without break or because of some medical conditions. Understanding the reason will help you when you file a lawsuit to claim money if you get involved in such an accident. You can consult a truck accident attorney for determining the real cause of the accident and to file the lawsuit accordingly. For example, if the driver fatigue is caused by the over workload or pressure given by the trucking company, then the company will be responsible for the accident. In this case, you can sue the trucking company for getting compensation.

Hours of Service Rules

California limits the time period a truck driver can work based on the 80 Hour 8 Day rule. According to this rule, a truck driver should not work more than 80 hours within a period of 8 consecutive days. It also states that the drivers should take rest for 10 hours prior to beginning a new duty. The driver should not be continuously driving for more than 12 hours.

The trucking company should follow these guidelines when assigning duty to a truck driver. If they fail to comply with these regulations, they exhibit negligence by violating the hours of service rule.

Even though the truck drivers also have the responsibility for following these rules, they just tend to ignore them. To avoid this situation, the law advice to keep a logbook for recording the working time of the drivers accurately. It can be used to find out the reason for the accident that is caused by driver fatigue.

You can sue both the driver and the trucking company for truck accident cases in some specific cases. If the fatigue is caused by the driver’s negligence towards hours of service, then he can be sued for the accident. You can also file a lawsuit against the trucking company for negligent supervision. A truck crash lawyer will help you to identify the reasons behind the accident and to file a lawsuit in the court to claim money for your losses caused by the accident. Truck accident attorneys can also help you to find out which all parties are liable for the accident.

Leave a Reply

Your email address will not be published. Required fields are marked *