Attentiveness is critical for truck drivers, as fatigue can significantly impair alertness, judgment, and reaction time. When a truck driver is fatigued, the risk of serious accidents increases dramatically.
The attorneys at Phillips Law Group understand how driver fatigue contributes to truck accidents in Tolleson. If you were involved in a collision with a commercial truck and believe fatigue may have played a role, our team can investigate the circumstances, gather the necessary evidence, and pursue compensation for your injuries and losses.
Because fatigue has such a strong impact on driver performance, the Federal Motor Carrier Safety Commission has rules limiting truck driver working hours. When representing a victim of a truck accident, a Tolleson attorney can review the driver’s log to determine whether they complied with the rules.
Truckers may not log more than 60 hours of driving time in seven days or 70 hours in eight days. They cannot drive more than 11 hours in a day, and their working day, including breaks, cannot exceed 14 hours. Additionally, they must have ten hours of rest, including at least seven consecutive hours in the sleeper berth.
A failure to follow these rules could be evidence that the driver was fatigued. In many cases, the transportation company employing the driver is responsible for the trucker’s negligence. The transportation company also might be liable if it imposed an unrealistic delivery schedule, compelling the driver to violate the rules.
A driver might follow the hours of work rules to perfection, but the cause of a Tolleson truck crash could still be fatigue. Just because a driver takes the required rest times doesn’t mean they are getting restorative sleep. Medications, illness, family problems, and other stressors can lead to fatigue.
A skilled legal professional will look for circumstantial evidence that the driver might have been too tired to drive. They can review the driver’s prescriptions and recent purchases and investigate whether they were dealing with personal issues that could have caused insomnia or poor sleep.
Commercial truck drivers must exercise the utmost care to avoid situations that could harm others. When a truck driver operates their vehicle despite being fatigued, they are negligent.
When a Tolleson attorney’s investigation reveals evidence of truck driver fatigue, they will send a written notice of claim to the transportation company and the driver. The insurance company or companies usually respond with a settlement offer, and negotiations begin. In most cases, negotiations result in a fair settlement that provides reasonable compensation for the injured person.
When negotiations are unsuccessful, the injured person’s lawyer files a lawsuit. Taking the case to court may also be a good strategy when the truck driver’s conduct was so irresponsible that the plaintiff could ask for punitive damages.
People recovering from serious injuries they sustained in accidents might not prioritize legal action. Focusing on recovering physical and mental health should be a priority. However, speaking with an attorney soon after the accident can protect an injured person‘s rights and enhance their leverage in negotiations.
Arizona Revised Statutes § 12-542 allows an adult two years to file a lawsuit seeking compensation after an accident. A Tolleson attorney will require time to build a strong case against a fatigued truck driver and their employer, so it is wise to engage legal counsel well before the deadline.
Fatigued truck drivers in Tolleson accidents can cause serious injuries through their negligence. Schedule a free consultation at Phillips Law Group today to discuss seeking compensation for your losses.
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