Americans count largely on tractor-trailers for the bulk of the country's commerce. Most of the items we buy every day - from groceries to electronics to school supplies - are often hauled by large commercial trucks. While big trucks are critical to our economy, they can also be dangerous. Thousands of serious and often fatal truck accidents happen nationally every year.
If a negligent truck driver injures you, state law entitles you to receive compensation for your medical bills, lost income, pain and suffering, and more. Many truck accidents happen because drivers are tired and even fall asleep while driving. A truck accident attorney can determine if driver fatigue led to your accident and injuries. Speak to a truck accident attorney in your city today to learn if you have a case.
What Is Truck Driver Fatigue?
For decades, truck driver fatigue has been viewed as a major safety issue and a contributing factor to tractor-trailer crashes. When a truck driver drives too long or spends too many hours on duty, there is a significant risk that they will fall asleep while driving. Some disturbing truck driver fatigue and accident statistics include:
- 3,921 people died, and 104,000 suffered injuries in crashes with large trucks in 2012.
- The National Highway Traffic Safety Administration (NHTSA) reports that 30-40 percent of all vehicle accidents on US highways are related to fatigue.
- The average truck driver only gets about five hours of sleep when working their shift.
- Fatigue was a factor in 62 of 4,832 truck drivers involved in fatal wrecks in 2018.
- Fatigue was involved in 72 of 4,977 truck drivers in fatal accidents in 2019.
- The National Transportation Safety Board (NTSB) states that 13 percent of all truck accidents that killed the truck driver involved sleep deprivation.
- One study of long-haul truckers found that 66 percent felt 'some fatigue' on 50 percent of their trips. Also, 13 percent said they had fallen asleep while driving their rigs.
These troubling statistics and facts show that truck driver fatigue is a major risk to people's safety and lives. You should speak to a truck accident lawyer promptly if you think a reckless truck driver injured you. Your personal injury attorney can determine if truck driver fatigue was a factor in the accident. Your attorney may:
- Speak to eyewitnesses about seeing the trucker sleeping or being distracted while driving.
- Talk to police officers about their impressions of the truck driver after the accident. A tired driver may have red eyes, blink often, and generally appear like they haven't slept in many hours.
- Obtain the truck's black box data to review the driver's performance before the accident. If the truck veered into other lanes just before the accident, this is a sign of driver fatigue.
- Obtain surveillance footage of the accident to check if the driver showed signs of fatigue.
- Review the truck's GPS history, tolls, and receipts: These records can create a timeline showing when and where the driver was.
- Review any available dash cam footage from the truck or other vehicles for signs of driver fatigue.
- Evidence of health problems and substance abuse: The attorney can request the driver's medical records to look for health conditions and medications that can lead to fatigued driving. Many truckers are overweight and may have sleep apnea, which can cause drivers to not get a full night's sleep by waking often. Sleep apnea can lead to fatigue during waking hours.
- Retain a truck accident reconstruction expert to determine if fatigue was a likely factor in the accident.
What Are The Hours Of Service Rules?
In 2013, the Federal Motor Carrier Safety Administration (FMCSA) changed the hour-of-service (HOS) rules, reducing the time a trucker can drive in a week to 70 hours. The previous limit was 82. Today, tractor-trailer drivers are required to follow current HOS rules set by the FMCSA:
- Drive a maximum of 14 hours before leaving duty or sleeping in their berth for 10 hours.
- Drive a maximum of 11 hours in a 14-hour shift.
- Do not drive after 60 straight hours of work.
- Do not drive after 70 hours in an eight-day week.
- Do not drive after driving for seven straight days.
Truck drivers and their employers must follow current HOS rules to ensure drivers aren't exhausted behind the wheel. Unfortunately, many truckers ignore the rules; they are frequently paid by the mile, so there is a financial incentive to drive when exhausted. Trucking companies may also encourage drivers to push the HOS rules so shipments are delivered on time. There is ample competition in the trucking business, and every carrier wants their deliveries to arrive on time or ahead of schedule.
Bear in mind that drivers can only have 14 hours 'on duty,' so there can be other activities that count besides driving, such as waiting to be sent from the terminal, loading and unloading, doing pre-trip inspections, repairing, or waiting for the truck to be repaired. All of these activities count as work in those 14 hours, so it's not difficult for truckers to exceed their allotment of work time on a regular basis.
Your truck accident attorney will review the company and driver logs to determine if the trucker drove beyond their legal time limits. If so, both the trucker and carrier may be found liable for your injuries.
Truck Driver Stimulants And Accidents
The demands of the commercial trucking business are such that many drivers spend sleepless nights, relying on stimulants to stay away. Many studies show that truck drivers sometimes use amphetamines and even cocaine to stay awake on the road.
Sadly, clinical studies also reveal that stimulants may negatively affect drivers' ability to drive safely. While a single cup of coffee can positively affect a driver's ability to stay in their lane, regular, high caffeine consumption can cause drivers to feel more tired after many hours. If they drive too many hours, they can crash after ingesting so many stimulants.
Your truck accident lawyer can review the accident to determine if driver stimulants were involved in the truck crash. Some stimulants may even make the driver intoxicated and a danger behind the wheel. Revealing these factors can be a major help in proving that negligence caused the truck accident. This is why it is almost always beneficial for truck crash victims to hire a truck accident attorney.
Who Can Be Held Liable For Your Truck Accident Injuries?
Depending on the situation, several people and entities can be held responsible when a truck driver injures you. Potentially liable parties are:
- The fatigued truck driver who violated the law and injured you.
- The truck driver's employer, unless the driver was self-employed.
- The truck manufacturer, if a product or vehicle defect contributed to the accident.
- The company that loaded the trailer, if a cargo shift or spill caused the crash.
- The fatigued truck driver who violated the law and injured you.
- The truck driver's employer, unless the driver was self-employed.
- The truck manufacturer, if a product or vehicle defect contributed to the accident.
- The company that loaded the trailer, if a cargo shift or spill caused the crash.
- The company that repaired the truck, if maintenance was a contributing factor.
One of the complicating factors in truck accidents is several potentially liable parties. Your attorney's job is to pinpoint who is responsible for the crash and demand fair compensation from them.
In many crashes, the driver may be personally responsible for the accident. However, the employer may be vicariously liable for their employee's negligence. The potential case value of a truck crash is often higher than other accidents because of the severity of injuries and multiple potentially liable parties. Your attorney will comb through the accident evidence to find every possibly liable party. There can be several insurance companies required to pay for your damages.
How Does A Truck Accident Attorney Prove Liability?
You may have been in an accident with a trucker and blame them for the crash. For example, perhaps you saw the driver nodding off when he slammed into you at a red light. However, you must prove this happened so the insurance company can compensate you. Your truck accident attorney will need to prove the following elements of negligence to prove the case:
- The truck driver has a duty of care to drive safely, not fall asleep, and not break the law. Truck drivers' duty of care is even higher than that of other drivers because they hold a commercial driver's license.
- The truck driver violated their duty of care when they fell asleep while driving.
- The breach of the duty of care led to an accident and your injuries.
- The accident caused injuries and damages, including lost income and medical bills.
Your attorney must prove these elements of negligence by a preponderance of the evidence. You can receive compensation in a truck accident claim or lawsuit if they do. Most truck accident claims are resolved with a settlement. However, the insurance company may contest liability or the amount of money for severe injuries. In these cases, your attorney may recommend taking the case to trial.
How Much Money Can You Get In A Truck Accident Claim?
The amount of compensation in truck accident cases may be higher than in other accidents, but it depends on the following case factors:
- How severe are your truck accident injuries? Trucks may weigh up to 80,000 pounds, so a collision with a much smaller car can be devastating. Many truck accident victims have shattered bones, head trauma, spinal cord injuries, face lacerations and burns, internal injuries, and much more. A serious injury requires a longer recovery and may involve some degree of temporary or permanent disability.
- Amount of medical bills: If surgery, hospitalization, and rehabilitation are needed, severe injuries can result in hundreds of thousands in medical bills. Less severe injuries, such as a broken leg, are still significant, but their value will be lower.
- Amount of insurance: How much insurance does the liable party or parties have? Many truck accident claims are paid by carrier insurance policies with $1 million or more in coverage. Regular drivers usually have much smaller bodily injury insurance policies. Suing a large trucking company may result in more compensation because of more insurance and other financial resources.
- Pain and suffering: A truck accident injury can be terrible and painful. A jury will likely view you sympathetically and provide plenty of pain and suffering compensation. Your attorney will tailor their settlement demand to your degree of pain and suffering.
- How quickly you received medical care: Did you get medical care the same day as the truck crash? Or did you wait a week? A delay in seeking treatment can be used against you. Ensure you obtain prompt medical care for the best health and legal outcomes.
- Truck driver status: Is the truck driver self-employed or a carrier employee? This may affect fault and the amount of insurance that is available.
- Settlement or trial: A settlement is often for less than the full case value, but the money is guaranteed. A trial may lead to more money, but you can also lose. Based on the case facts, your personal injury lawyer will give their best legal advice about whether to settle or go to court.
- Are punitive damages available? A truck driver who was extremely reckless could have to pay punitive damages in addition to economic and non-economic damages. For example, if the trucker was high on several drugs and fell asleep, causing a catastrophic accident, punitive damages can be awarded.
- Are any damage caps in place? Some states have caps on damages, especially pain and suffering, and other non-economic damages.
Severely Injured? Speak To A Truck Accident Lawyer Today
Did a truck driver severely injure you in a recent crash? You can claim ample compensation for your injuries, lost income, and pain and suffering. A truck accident attorney knows how to determine your full case value and demand maximum compensation from the insurance company.
Don't attempt to negotiate your own settlement with the trucking company, or you'll be shortchanged. Speak to a truck accident attorney today in a complimentary consultation. Your consultation is free, and the attorney doesn't charge legal fees unless they win your case. Don't delay getting the help you need.