Just about everyone has nodded off without meaning to during an early-morning meeting or a long afternoon class, but one place you should never be anything but fully alert is while operating a moving motor vehicle. Unfortunately, not everyone on public roads in Arizona is responsible in this way—and when an overly tired person is operating a large tractor-trailer carrying tons of cargo, the risk of them causing a catastrophic traffic accident is way higher than anyone should be comfortable with.
Fatigued truck drivers in Mesa accidents are unique both in how dangerous they can be to other people around them and how complicated the process of filing suit against them can become. If you want a fair chance at getting the compensation you deserve after getting hurt in this sort of wreck, you should make speaking with a truck accident attorney from Phillips Law Group one of your top priorities.
What Federal Law Says About Truck Driver Fatigue
To some extent, truck drivers getting fatigued behind the wheel is an unavoidable reality of truck transportation as an industry since even a well-rested person can get worn down by hours upon hours on the road. However, Mesa truck drivers and their employers are expected to minimize the effects of fatigue as much as possible by adhering to driving time limits set by the Federal Motor Carrier Safety Administration (FMCSA), which places the following restrictions on truckers completing routes across state lines or on interstate highways:
- No more than 11 cumulative hours spent driving after being off-duty for at least 10 consecutive hours
- No more than 14 consecutive hours on shift after being off-duty for at least 10 consecutive hours
- At least one break of at least 30 minutes for every eight cumulative hours spent driving
- No more than 60 cumulative hours on duty per seven-day work period
- No more than 70 cumulative hours on duty per eight-day work period
Individual truck drivers may also negligently make their own fatigue worse by not getting proper sleep while off-duty, not taking breaks when required to do so, and abusing stimulants.
Who Is Legally Liable for a Fatigued Truck Driver Crash?
In most situations, civil liability for Mesa truck accidents involving fatigued truck drivers falls both on the individual truck driver and on the company they work for. This is because the legal doctrine of respondeat superior sometimes allows employers to be held “vicariously liable” for negligent or wrongful acts committed by one of their employees.
However, in many situations, truck drivers are fatigued specifically because of pressure from their employers to flaunt federal law by staying on the road too long and skipping breaks, all in the name of saving time and money in transporting goods. This behavior can serve as the basis for civil litigation, just like a traffic violation or moment of distraction behind the wheel could, if it can be established as a significant contributing cause to a truck driver being dangerously fatigued just before getting into a crash.
A Mesa Attorney Can Help Build a Claim Over a Fatigued Truck Driver Accident
While not all fatigued truck drivers are tired solely because of their irresponsible behavior, they are all impaired to a degree that makes them a danger to themselves and everyone with whom they share the road. If that impairment leads directly to an otherwise preventable wreck, it may justify civil litigation by any person injured in that accident against every person who played a role in causing it.
Taking effective legal action against fatigued truck drivers in Mesa accidents is not something you should try to do or have to do alone. Call Phillips Law Group today to discuss your legal options with a member of our team. We have been proudly serving the local area for over 30 years and look forward to providing you with clarity and guidance during a stressful time. Do not hesitate to reach out!
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