Did Truck Driver Fatigue Cause Your Accident? Here’s How to Recover Compensation
The growth of the trucking industry is a testament to the growing economic success of America, as these trucks crisscross the country every day in their tens of thousands, carrying much-needed fresh and other merchandise to depots and stores across the country. Consumerism is at an all-time high, and the country is seeing unprecedented levels of economic boom, particularly in the coastal states. To this end, these trucking companies play a vital role in the development of our economy, but this comes at a price – catastrophic accidents involving other road users like me or you due to preventable factors we’ll take a look at shortly.
Before that, it is important to note that truck drivers have to work long hours and often cover long, lonely stretches of road day in and day out. That said, OSHA, a safety and health organizational agency has laid down the acceptable number of hours these truck drivers must work within a day in order to prevent driver fatigue. Driver fatigue is one of the most common causes of truck accidents due to the impaired cognition and attention that comes with tiredness, and more often than not, truck drivers who are involved in catastrophic accidents due to driver fatigue do so because they were not following OSHA regulations, an illegal act in and of itself. If you or a loved one were involved in a truck accident anywhere in America, and you suspect that driver fatigue was the proximate cause of this accident, you may be able to recover substantial financial compensation, and we’re here to help with that.
Are you looking for a truck driver accident lawyer? Please call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. the experienced auto accident attorneys at McCready Law bring to the table over 50 years of combined legal experience where we’ve helped thousands of people just like you who got injured on account of the negligence of other parties. What makes our law firm the go-to firm for truck accident lawsuits is our vast litigation experience and our tradition of winning cases that we take to court. Most law firms would rather engage the insurance company in negotiations for low-hanging fruit when it comes to compensation due to their lack of trial experience or lack of resources when it comes to filing a lawsuit so it is heard in front of a judge – not only do insurance company negotiations rob you of justice and closure, they often come with low payout amounts which could be multiplied by tens of hundreds of times more had you litigated your truck accident lawsuit. We run a bilingual office, and we take on all truck accident cases regardless of where you are in the country. Truck accident lawsuits are also taken up on contingency fee basis, and what this implies is that there are ZERO UPFRONT FEES levied as we process your claim, as our fees are only charged at the end of the claim, and only if we’ve recovered compensation on your behalf. If you suffered injuries due to a truck accident, please call us NOW at 312-444-0214 to speak with one of our experienced auto accident attorneys – the call is 100% FREE, and our intake team is standing by.
What Does Fatigued Driving Have to do With Truck Accidents?
Fatigued driving refers to a state of physical and mental tiredness or exhaustion which makes it difficult for a vehicle driver to operate their truck in a safe manner. It can manifest as drowsiness, reduced alertness, impaired concentration and slow reaction times. Truck driver fatigue makes it less likely for you to respond to any hazards in a timely manner, which can make it that much harder to maintain control of a vehicle during the milliseconds right before an accident occurs.
Most Common Causes of Driver Fatigue
Long Hours
Many trucking companies are under tight schedules to deliver goods to destinations on account of the perishable nature of some of the goods they carry as well as the massive competition they face from other companies. As a result, they push their drivers to work extended shifts in order to meet these deadlines. This then makes drivers skip their rest breaks and sleep less, both of which can lead to driver fatigue. Research shows that fatigued driving is similar to driving while under the influence of alcohol as both involve slower reaction times and a diminishment of situational awareness.
Irregular Sleep Patterns
According to biology, the human body clock requires that we sleep a minimum of 8 hours each night as demonstrated by the circadian rhythm. When the sun sets, a gland known as the pineal gland found deep in the brain triggers the release of a chemical known as melatonin, which reaches its peak around 930 pm, which elicits yawning, a sign that you need to go to bed. If adhered to, one will find themselves asleep at a certain time every evening, and waking up with the sunrise. However, truck drivers on account of their long work hours and irregular schedules have their circadian rhythm thrown out of whack, and once this happens, truck drivers may find themselves waking up tired, groggy and not feeling fully refreshed, all of which can contribute to preventable cognitive mistakes which can lead to truck accidents with other smaller vehicles.
Monotonous Driving Conditions
While trucking may seem like an exciting career as you get to see the country in its entirety and are never in one place for long, the reality is that drivers have to contend with long stretches of highway roads where nothing exists, except for farm land and desolate landscapes for hundreds, if not thousands of miles. After driving for a while on these highways, the mind begins to wander and daydream, making one less engaged in the road ahead. In addition, the lack of stimulation associated with driving these long, lonely roads can lead to mental fatigue which diminishes alertness. To address the monotony, some drivers make the decision of fiddling with their phones, rubbernecking or adjusting the radio, all of which can compromise their attention to driving, making it more likely for accidents to occur.
Immobility and Physical Demands
Sitting on a driver’s seat for hours at a time can lead to physical fatigue as well as discomfort. Truck drivers have no way of relieving this discomfort, and some may choose to stretch as they drive, and an accident can occur the split moment they look away from the road. In addition, they may be involved in the loading and offloading of their trucks which can contribute to fatigue even before the journey begins.
How to Prove Truck Driver Fatigue Caused Your Accident – Evidence is Key
In order to prove that truck driver fatigue was the proximate cause of your accident and the resultant injuries, there are various pieces of evidence that can be presented during litigation. For instance, you can ask for a court order to compel the trucking company to relinquish their driver logs which include things like driving hours, how many rest breaks they took over a given day or week, and so on. These logs can demonstrate, for example, that they did not adhere to trucking industry regulations, thereby causing the accident due to fatigue and cognitive mistakes. Accident reports can also play a vital role in establishing liability, so witness statements of people who were in the vicinity such as other drivers or pedestrians that witnessed the accident may prove that it was the truck driver who initiated the accident, so to speak.
In addition, police reports may include the presence of skid marks, traffic camera footage, driver’s demeanor shortly after the accident (they looked disheveled, sleepy or had difficulty maintaining focus) and other factors which may place liability on the truck driver. Medical records which document the severity of injuries may also paint a picture where the injuries suffered by the other driver point to fatigue-related injuries. In particular, these records may point to pre-existing conditions such as fibromyalgia, narcolepsy and other sleep disorders which have been linked to driver fatigue, contributing to the occurrence of truck accidents. Dashcam and GPS footage may also be recovered showing that moments before the accident, the driver started getting drowsy or seemed inattentive, and even started driving erratically which may lend credence to your allegations about fatigued driving being the proximate cause of your accident.
Experienced, Countrywide Attorneys for Truck Accident Injuries – Call Us Today!
These cases tend to be highly fought over due to the dollar amounts associated with the catastrophic nature of the injuries sustained in truck accidents. You may suffer multiple broken bones, head trauma, internal organ damage, skin burns, spinal cord injury, partial or full paralysis and so much more. Because of the high stakes involved, it is advisable to work with an experienced truck accident attorney in order to secure your compensation. Before speaking with anyone, including taking calls or responding to emails from the insurance company, please give us a call NOW at 312-444-0214 to speak with one of our experienced and compassionate truck accident lawyers. Thanks for choosing McCready Law, and we look forward to helping you.