How Can I Determine if Truck Driver Fatigue Caused My Accident?

Getting into a truck accident can be a life-altering event. With their massive size and speed, trucks can cause severe damage and injuries when collisions occur. To understand how you can seek compensation, it’s crucial to explore one of the common causes of such accidents—truck driver fatigue. In this post, we will guide you through understanding truck driver fatigue, its signs, its legal implications, and how to investigate if it played a role in your accident.

Understanding Truck Driver Fatigue

Truck drivers are required to drive long hours and cover significant distances, which can lead to fatigue. But what exactly is truck driver fatigue? Simply put, it’s the state of tiredness that results from long hours of work, lack of sleep, or strenuous activity. When a truck driver is tired, their alertness and reaction times are severely compromised, making them a danger on the road. The National Transportation Safety Board currently estimates that 30-40% of truck accidents are caused by truck driver fatigue. This statistic highlights the prevalence of fatigue in truck accidents and emphasizes the need for thorough investigations into its potential involvement.

Understanding the Law

Truck driver fatigue is not just a safety issue; it has significant legal implications. The Federal Motor Carrier Safety Administration (FMCSA) has set strict hours of service regulations for truck drivers. For instance, drivers can drive a maximum of 11 hours within 14 hours after taking 10 consecutive hours off duty. They must also take at least a 30-minute break within the first 8 hours of their shift. If a truck driver doesn’t follow these regulations and causes an accident, they and their employer can be held liable. Proving that the driver was fatigued requires thorough investigation and evidence collection.

Signs that Fatigue May Be a Factor

The first step in determining if fatigue may have caused your truck accident is to take note of any signs that point to the driver being tired. These can include:

• Drowsiness or Nodding Off While Driving: If you witnessed the truck driver struggling to stay awake or saw them dozing off at the wheel, it could be a sign of fatigue.
• Erratic Driving Behavior: Fatigued drivers often display erratic driving behavior, such as swerving between lanes, abrupt braking, or failing to maintain speed. These actions clearly show that the driver’s ability to control the vehicle is impaired.
• Physical Appearance and Behavior: Observations from witnesses or law enforcement officers at the scene can also offer clues. Signs like bloodshot eyes, yawning, and an overall disoriented demeanor suggest that the driver was tired at the time of the accident.

Investigating the Accident

Once you’ve gathered any potential signs of truck driver fatigue, the next step is to conduct a thorough investigation.

Gather Evidence at the Scene

Collecting evidence at the scene is crucial. Make sure to photograph the accident, the vehicles involved, and any visible injuries. Ask witnesses for their contact information so they provide testimony. If you have any dashcam footage make sure to review it. 

Obtain Driver’s Logbook and Black Box Data

The driver’s logbook and the truck’s black box (Electronic Logging Device) can provide valuable information about the driver’s hours of service and the truck’s operation before the crash. Compare these records to identify any discrepancies or violations of hours of service regulations.

Consult an Accident Reconstruction Expert

An accident reconstruction expert can analyze the evidence and provide insights into how the accident occurred. Their insight can help establish whether fatigue was a probable cause.

Seek Legal Assistance Now

If you believe that truck driver fatigue contributed to your accident, obtaining legal support from a seasoned personal injury attorney is essential. They can help you navigate intricate legal procedures and collect evidence to bolster your case. Their experience enables them to effectively handle insurance company negotiations on your behalf, ensuring you receive fair compensation for your injuries and losses.

In the event that a truck accident caused by driver fatigue has impacted you or a loved one, don’t hesitate to contact Lafferty Gallagher & Scott, LLC. Our skilled personal injury lawyers will work diligently to secure your rightful compensation.