The Federal Motor Carrier Safety Administration (FMCSA) has strict guidelines for the hours of service that a truck driver can be active during any given period of time, which are meant to set safe guidelines for an industry based on the timely delivery of goods. These hours of service set driving limits for single days, as well as limits for seven- and eight-day work periods. They also cover a range of other requirements including breaks after a certain amount of time on the road, requirements for operating in adverse driving conditions, and more.
Unfortunately, even with federal service hours limits in place, fatigued driving remains a serious safety problem in the trucking industry. At Bernheim Kelley Battista, LLC, our truck accident lawyer in Fort Lauderdale has extensive experience handling accidents caused by truck driver fatigue. If you or your loved one was hurt in any type of crash by trucker fatigue, we are here to help. Contact us at our Fort Lauderdale law office today for a free, no-obligation consultation.
Driver fatigue is a huge issue in the trucking industry. Some of the most common reasons why truck driver fatigue remains such a big problem include:
The consequences of truck driver fatigue can be catastrophic. The Federal Motor Carrier Safety Administration (FMCSA) estimates that 13 percent of all truck accidents reported in the United States involved an overly fatigued trucker. In other words, hundreds of people are killed and thousands more are injured due to trucker fatigue each year.
Unlike something like drunk driving, proving that a driver was fatigued can be far more difficult, especially while you are trying to focus on your own needs and your recovery. However, there are a variety of indicators that the driver may have been tired, and possibly even fallen asleep at the wheel leading up to the crash. It is essential that you contact 911 as soon as you can after the accident, both because EMTs will be able to tend to your injuries, and because a police officer will complete an accident report at the scene of the crash. This report will be a central document in the coming days and weeks as you work to establish fault before filing an insurance claim.
Tell the police officer at the scene of the accident that you believe fatigue played a role in the crash, and let them know what sort of clues led you to believe so —such as swerving on the road or even driving off the road or into the back of your vehicle without ever attempting to brake. These may be indications that the driver was struggling to stay awake and even may have been nodding off or was completely asleep at the time of the crash. A proactive approach can help put you in the best position to obtain a full and fair personal injury settlement.
Fatigue among truck drivers is an under-addressed yet significant safety concern. Long hours on the road, coupled with irregular sleep patterns, often result in exhaustion that can have horrific consequences. Here are six ways fatigue makes truck drivers less safe:
To learn more, schedule a free consultation with us today.
Trucks must be in proper condition before they hit the road. Truck accidents due to negligent maintenance are a serious problem. Electronic logging devices are an underrated safety feature that can help to prevent tractor-trailer crashes. They can be used to confirm that truckers are operating in a reasonably safe manner at all times—including complying with service hour limits.
When a fatigued trucker is involved in a severe collision, determining responsibility can be complex. Primarily, the driver is responsible for ensuring they are fit to drive and not operating the vehicle under fatigue. However, the trucking company can also bear liability. Companies may be at fault if they encouraged or turned a blind eye towards violations of regulated driving hours or if they failed to provide adequate rest breaks.
Fatigued trucker accident claims are complicated. If you have been hurt in an accident caused by a fatigued driver, whether or not they are found to be in violation of the FMCSA hours of service, contact our firm as soon as possible for a free initial consultation. During this consultation, we will be able to go over the details of your accident, the impacts that you have suffered so far, and how we can help you get the compensation that you deserve from the commercial insurance company representing the responsible driver. You need a personal injury lawyer in Fort Lauderdale who knows how to get results.
At Bernheim Kelley Battista, LLC, our Fort Lauderdale trucker fatigue accident attorneys are standing by, ready to help. If you were hurt in a collision with a fatigued trucker, we are here to help. Contact us today to set up your free, no-obligation initial appointment. From our law office in Fort Lauderdale, we handle trucker fatigue accident claims throughout Florida.
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