Being involved in a car accident with an 18-wheeler is an extremely dangerous experience. Both the size and weight of trucks make them particularly deadly in crash scenarios which is why they are one of the common dangerous types of car accidents on the road. Unfortunately, there are also situations where accidents with these vehicles are unavoidable.
There are a variety of reasons a truck accident may happen on the road, but fatigue is among the most common. Learning how to prove it was a factor in the accident you’re involved in can help you recoup compensation for your injuries via insurance or the courts.
As mentioned, fatigue is a major cause of accidents on roadways in the U.S. Truck drivers in particular are susceptible to this issue due to the long hours these professionals work. Being tied behind the wheel can have a major impact on a drivers reaction time and decision-making, posing a huge risk to others on the road.
Beyond just the long hours they work, truck drivers are also afflicted by demanding schedules that result in limited rest breaks. This can lead to the development of issues like sleep apnea, which only makes situations worse.
The fact that truck drivers deal with limited sleep is nothing new. The Federal Motor Carrier Safety Administration sets Hours of Service (HOS) rules for truck drivers specifically for this reason. These rules outline maximum driving hours per day and per week, mandatory rest breaks and off-duty time, and electronic logging devices (ELDs) to track compliance.
There are serious consequences for violating HOS regulations, including fines and a potential loss of your truck driving license. Additionally, truck companies themselves may be held liable, so they often have strict enforcement of these rules. It’s always better to be even just a little rested than not at all. For perspective, just one sleepless night is equivalent to a BAC of 0.10%, which means your reaction times will be seriously impacted. This is why HOS rules are enforced so strictly.
Given just how dangerous accidents involving trucks can be, it’s important to take a look at how fatigue actually leads to these collisions. Slow reaction times stemming from the tiredness lead to rear-end crashes in particular. Beyond this, though, lane drifting and a failure to maintain control over the truck are also leading causes.
If the fatigue is serious enough, you may even accidentally fall asleep at the wheel which can lead to truly catastrophic collisions. Avoiding this at all costs should be the goal of each and every truck driver. As someone who’s been hit by a truck, though, providing they were fatigued can assist with building an effective legal case.
Proving that someone behind the wheel of a truck was tired when they caused the accident sounds like a daunting task at first glance. However, it’s easier than it initially meets the eye. Below are just a few ways you can prove fatigue played a role:
The above are just a few potential ways that you can seek out proof that the driver who hit you was fatigued. You can also consider bringing in an expert witness or accident reconstruction specialist who can help further. These professionals can use specialized knowledge to narrow down what the most likely cause of the crash was, which helps tremendously with validating your claim. With the help of an accredited lawyer you can be even more effective in this goal.
When in a collision with a fatigued truck driver, the question of liability is a complicated one. Naturally, the driver themself is mostly liable, but the fault could be split. If the truck company was knowingly making workers violate HOS rules, they could certainly be held liable too.
You may be wondering whether or not a third party could be held liable as well. It’s theoretically possible if another driver on the road made an erratic move that a fatigued truck driver reacted erroneously too. In this case, both parties, or potentially all three based on the circumstances, could be held liable.
When suing, there are various different types of compensation that may be available to you. Economic and non-economic damages, meant to make you whole, can include costs associated with medical expenses, lost wages, and pain and suffering. If gross negligence was involved, then you may also be able to file for punitive damages that are meant to punish the truck driver.
Hiring the right personal injury lawyer is of the utmost importance, as this professional will help you gather all of your evidence and prove negligence in the case. Without their help, proving that fatigue played a role in the accident, as well as showing negligence, will be extremely difficult.
Trucks are dangerous pieces of machinery in a car accident, which can lead to severe injury or death. While some car accidents are caused by factors outside of a driver's control, fatigue is something that can be managed. This is why providing that a driver violated their HOS rules, or that their company encouraged it, matters. By doing so, you will open up the door to pursuing damages which can make you whole and punish the at-fault party for their negligence of getting behind the wheel while tired. Work with an accredited lawyer to build a case that helps you to fight for your rights.
