Truck Driver Fatigue
When a truck driver is fatigued, he is bound to react more slowly than a well-rested truck driver. It takes time to bring an enormous, heavy commercial truck to a complete stop, and even seconds of delay based on fatigue can have a huge impact. Many truck accidents occur because a truck driver didn’t take the rest break required by the Federal Motor Carrier Safety Administration (FMCSA). If you were injured in a collision with an 18-wheeler and suspect that the reason was truck driver fatigue, you can consult an experienced Syracuse truck accident attorney to determine your legal rights and options.Truck Driver Fatigue
Truck drivers are supposed to take breaks to rest while working. In particular, truck drivers who travel interstate are supposed to follow hours of service regulations promulgated by the FMCSA to reduce accidents caused by fatigue. These are intricate rules. For example, truck drivers carrying property have an 11-hour driving limit; they can drive up to 11 hours after 10 consecutive off-duty hours. Truck drivers carrying property can’t drive past the 14th consecutive hour after going on duty after 10 consecutive off-duty hours. Truck drivers can only drive if 8 hours or fewer have elapsed since the termination of their last sleeper berth or off-duty period of a half hour or more.
Additionally, truck drivers must keep logbooks that show they actually followed the hours of service rules and rested. Unfortunately, not all truck drivers properly follow these regulations, and to get around the logbook rule, they may falsify their logbooks or not keep them. Complicating matters, some trucking companies do not make sure that their truck drivers follow this rule, putting profits to be gleaned from making deliveries above the welfare of others with whom the truck driver shares the road.Proving Truck Driver Fatigue and Trucking Company Negligence
In order to establish a truck driver liability after a crash you believe was caused by driver fatigue, you will need to prove: (1) the truck driver owed you a duty of care, (2) the truck driver breached the duty of care by driving while fatigued, (3) causation, and (4) damages. Often truck accidents involve multiple victims. An experienced truck accident attorney can look for all possible sources of compensation.
Sometimes, a trucking company should be held accountable for an accident caused by truck driver fatigue. A trucking company may be held vicariously liable for an accident caused by a truck driver whose fatigue in the course and scope of employment resulted in a truck accident that produced injuries. A trucking company can also be held directly liable for its own negligent hiring, negligent training, or negligent supervision. For example, it may be possible to hold a trucking company liable for negligent supervision if a truck driver’s logbooks are clearly falsified and the trucking company either didn’t check them or actively encouraged the truck driver to falsify the logbook so that he could drive more and make more deliveries.
Determining whether a truck driver’s fatigue caused injuries can be a challenge, and requires experienced counsel. Usually, truck driver and trucking company insurers make aggressive efforts to evade liability because the damages arising out of a truck accident can be so high, and many involve multiple claims against insurance policies. Our attorneys are experienced and work with accident reconstruction experts when necessary. We will compare logbooks with other evidence like fuel receipts, the truck’s black box, toll receipts, and food receipts in order to gauge whether a truck driver truly took the requisite rest breaks.Consult a Knowledgeable Syracuse Attorney After a Truck Accident
Due to the weight and size of commercial trucks, accidents involving them can be devastating and may result in numerous injuries. You can talk to an accident lawyer about whether you have a viable claim for damages following a complex collision. DeFrancisco & Falgiatano represents clients in Syracuse, Rochester, and throughout Upstate New York, including in Ithaca, Binghamton, Cooperstown, Auburn, Canandaigua, Lyons, Elmira, Wampsville, Utica, Herkimer, Oneida, Lowville, Oswego, and Watertown. Call our firm at 315-479-9000 or contact us via our online form.