The Devastating Consequences of Tired Truck Drivers: Seeking Justice for Fatigue-Related Accidents - Perspectives from a Dallas Attorney

Accidents involving semi-trucks are a common occurrence along Texas highways. Due to their size and weight, paired with the speeds used along interstate highways, trucks can cause catastrophic injuries to anyone involved.

Truck accidents are often more complex than other motor vehicle accidents because the trucking industry is heavily regulated. Injury victims can bring claims against both the trucking company and the truck driver. Unfortunately, there are devastating consequences associated with any type of truck accident, particularly those involving fatigued drivers.

If you've been hurt in a truck crash through no fault of your own and you suspect the cause was a tired driver, contact an attorney right away. In the meantime, read below to learn more about how to move forward with a claim in the aftermath.

How is Fault Determined in a Texas Semi-Truck Accident Claim?

Because of the regulations overseeing companies and truck drivers, most of them are safe and competent behind the wheel. However, some choose to drive recklessly, or factors outside their control may contribute to a crash.

Fault for a semi-truck accident in Texas is more difficult to place than in other vehicle accidents because multiple parties can share fault. This can include:

• The truck driver
• The trucking company
• The company that loaded the truck
• The manufacturer of the truck
• The truck maintenance company

If you have been injured in an accident involving an 18-wheeler in the state of Texas, contact one of our Dallas 18-wheeler truck accident lawyers at Rasansky Law Firm to learn about your options.

Liability of a Fatigued Truck Driver

Liability in a trucking accident can often fall upon more than one party. Proving liability can be even more difficult with so many entities involved. If negligence is involved, this must be proven. Everyone has a "duty of care" when driving, which means that we must all follow the rules given to us to keep others safe. If a driver or company has failed their duty of care, they can be charged with negligence. Moreover, the Texas statute of limitations for personal injury claims is two years from the time of the accident, so it's important that victims file as soon as they can.

Truck drivers and the companies they work with also have strict rules and regulations they must follow through the Federal Motor Carrier Safety Administration (FMCSA). If any of these regulations are broken, it can be much easier to determine which party is liable for the injuries accrued.

What Causes Truck Driver Fatigue?

Truck drivers often do not maintain the standard 9-to-5 schedule. Studies show that workers who keep odd hours or work overnight shifts are more likely to be exhausted.

Commercial drivers are often pressured to meet deadlines and stay within budget. This may cause drivers to act rashly, such as driving too fast, continuing their routes without taking breaks, or working too many hours. Some trucking corporations put profits over people's safety by pressuring their drivers to violate state and federal motor carrier safety standards.

As mentioned above, the Federal Motor Carrier Safety Administration (FMCSA) has enacted laws requiring rest intervals and capping drivers' daily or weekly hours of service to combat fatigued driving on the nation's highways. The HOS regulations are in place to help prevent drivers from nodding off behind the wheel by mandating minimum rest periods between shifts.

For instance, the HOS regulations stipulate that drivers must take a 30-minute break after eight hours of work and at least 10 hours of rest between shifts. The regulations also restrict the number of hours a driver may work each day and week to reduce driver tiredness.

Though the Hours of Service rules are intended to reduce driver fatigue, they are not perfect. Accidents involving fatigued truck drivers are a serious problem, and HOS violations happen all too often, whether intended or not.

Consequences of Drowsy Driving in Truck Accidents

Fatigued truck drivers cause thousands of accidents annually. Unfortunately, the aftermath is usually disastrous. Innocent drivers and truck drivers alike are at risk of catastrophic harm in the event of an accident. Traumatic brain injuries, broken bones in the back, neck, and hips, and psychological distress are common in these incidents.

Due to the high stakes involved, insurance providers vigorously defend instances involving truck accidents. The trucking firm and its insurance adjuster will attempt to reduce their liability and your compensation if you're not diligent.

Steps to Take After a Truck Accident

After a truck accident, contact 911 immediately and help the police officer with their investigation. If you have any suspicions about truck driver fatigue, notify the proper authorities.

You may be eligible for substantial compensation if you can show that truck driver sleepiness or HOS breaches contributed to your collision. If you delay, evidence like electronic logbooks and dash cam recordings may be lost.

It might be difficult to prove that a driver was tired since, unlike drunkenness, there is no objective test for sleepiness. However, there are other lines of evidence that truck accident attorneys might pursue to prove their clients' drivers were fatigued:

• Electronic logging devices (ELDs) track drivers' work hours, including when they're on the road and when they're taking breaks. A truck accident victim's lawyer might request this data to determine whether the driver worked more than the legally permissible number of hours.
• Driver's logs, which may be paper or digital documents on which the driver recorded his or her hours of duty, can also be helpful. Authorities may use these records to determine whether a motorist has worked more than the legal limit.
• Reports from police officers who responded to the site of the accident may include observations of the driver showing symptoms of fatigue.

Contact the Truck Accident Lawyers at Rasansky Law Firm

If you've been injured or lost a loved one in a trucking accident in Texas, you may be able to file a personal injury or wrongful death claim.

Our truck accident attorneys have decades of experience helping victims through their claims process. Contact the Rasansky Law Firm today at (214) 651-6100 or fill out the contact form on this page for a free consultation so that we can help you receive the compensation you deserve.