Truck Driver Fatigue

Protect your right to claim compensation now before it's too late

According to a series of studies, driver drowsiness is a leading cause of accidents involving commercial vehicles. The National Highway Traffic Safety Administration estimates that truck driver fatigue contributes to as much as 40 percent of all heavy truck crashes, while a National Transportation Safety Board study found that fatigue was a prominent factor in 52 percent of 107 heavy truck crashes. In 18 percent of those crashes, the driver admitted to falling asleep behind the wheel.

The Federal Motor Carrier Safety Administration estimates that the risk of a crash effectively doubles from the eighth to the 10th hour of driving and doubles again from the 10th to the 11th hours.

When investigating whether driver fatigue played a role in the accident, there are several factors that must be considered. An attorney can review the driver’s log to determine the number of hours of driving leading up to the accident. When interviewing or deposing the driver, an experienced attorney will inquire about the driver’s period of rest or sleep immediately prior to the accident as well as his long-term sleep activity, driving schedule and potential use of any substances, such as amphetamines, to try to stay “alert” while driving. This information, when compiled together, can be a good indicator of whether driver fatigue was a factor in the accident.

If driver fatigue is determined to be a contributing factor, an experienced attorney will then look at the driver’s working conditions to see if his work environment or company guidelines contributed to his lack of rest and thus determine the potential liability of the trucking company.

A driver’s working conditions can be a factor contributing to driver fatigue. Drivers who are paid by the mile or by the load have a financial incentive to drive without sufficient periods of rest. Often the trucking company will encourage drivers to work longer hours to benefit the company’s bottom line.

For a free consultation, contact a truck accident attorney at Arnold & Itkin LLP by calling toll free at 877-398-4972 or by submitting the form at the top of this page.

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