Exhaustion or fatigue is quite a natural reaction, which occurs when you’ve been working for long periods of time without any breaks. When fatigue strikes, many of us don’t take it too seriously. We may view it as a minor annoyance and something to possibly power through. But when a driver becomes drowsy or exhausted while on the road, the consequences can become much more serious. When the driver is operating a large truck or a big rig, a resulting crash may become catastrophic.
Here are four things you should know about truck accidents that are caused by driver fatigue:
1. Federal Hours of Service (HOS) laws prohibit truck drivers from getting on the road while exhausted or after having been on the road for a certain number of hours, without taking rest breaks. Under this law, truck drivers may drive a maximum of 11 hours after 10 hours off duty. Truck drivers may not drive beyond the 14th consecutive hour after coming on duty following 10 hours off duty. Drivers may operate their trucks only if eight hours or less have passed since their last off-duty period of at least 30 minutes. Truck drivers also may not drive for 60/70 hours on duty in 7/8 consecutive days. These stringent regulations are in place so truck drivers do not get behind the wheel while tired or drowsy.
2. Studies have repeatedly shown that drowsy driving is extremely dangerous. Drowsy driving is defined as the dangerous combination of driving and sleeplessness or fatigue. This typically occurs when a driver has not had sufficient sleep or rest. However, it may also occur due to untreated sleep disorders such as sleep apnea, medications (prescription or over-the-counter), alcohol consumption or shift work. Sleepiness affects an individual’s ability to drive safely even when he or she doesn’t actually fall asleep. Drowsiness makes drivers less able to pay attention to the road, slows down reaction time and affects a driver’s ability to make good decisions.
3. Drowsy driving has the potential to cause devastating truck accidents. Some of the common types of truck accidents due to driver fatigue include rear-end crashes, where the driver falls asleep and strikes the back of the vehicle that is ahead. Some of the most devastating truck accidents are those that occur when an exhausted driver travels into opposing lanes of traffic and causes a head-on crash. These types of collisions often result in catastrophic injuries or fatalities.
4. Truck drivers are required to electronically log their work hours, under new laws. Before the electronic logging laws went into effect in December 2017, truckers were required to maintain a logbook and report their work hours and breaks. If you have been injured in a truck accident or have lost a loved one in a crash involving a big rig, it would be in your best interest to have your lawyer request and preserve all crucial evidence including the driver’s logs. These logs can help determine if the truck driver caused an accident while fatigued simply because he or she was working without any breaks as required by the law.
Contacting an Experienced Lawyer
Injured truck accident victims can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can also seek compensation by filing what is known as a wrongful death lawsuit.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in an auto accident caused by a negligent driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 46 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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