Truck accidents can be incredibly frightening and can result in serious injuries or even death. Truckers often drive long distances, working long hours, and driver fatigue can play a significant role in truck accidents. These accidents can be incredibly dangerous to smaller vehicles sharing the road. In the event of a truck accident, you may be entitled to compensation. If you or a loved one has been involved in a truck accident, you can contact a Mississippi lawyer today at Lott Law at (228) 215-2787.
What Causes Truck Accidents?
One of the major causes of truck accidents is driver fatigue. Driving a large truck takes skill and focus, and because these trucks are much larger than a normal car, they can also be much more dangerous if the driver loses control. Driver control is essential for the safety of everyone on the road, and fatigue can cause a driver to lose control and crash.
Unfortunately, driver fatigue is common among truck drivers. In a recent study, the Federal Motor Carrier Safety Administration (FMCSA) found that 13% of truck accidents are the result of driver fatigue. An irregular schedule involving nighttime driving and interruption of a typical sleep schedule may contribute to driver fatigue and increase the risk of a truck accident.
How Does Fatigue Affect Truck Drivers?
Driver fatigue, much like driving under the influence of alcohol, can be incredibly dangerous and can severely impair a driver’s abilities and cause an accident. Fatigue can affect a driver in a number of ways, including
- Slowing a driver’s reaction time
- Impairing a driver’s judgement
- Reducing a driver’s alertness
In some cases, fatigue can lead to a driver falling asleep at the wheel. Even nodding off for a few seconds can be fatal if a driver veers off course or hits something in the road. Fatigue affects a driver’s ability to drive safely, increasing the likelihood of an accident and decreasing the safety of other drivers on the road.
Regulations to Help Prevent Truck Accidents
Hours of Service (HOS) rules regulate the number of hours drivers can operate before they are required to take rest breaks. These HOS rules are intended to prevent driver fatigue and truck accidents. HOS rules both dictate that drivers are only at the wheel for a certain amount of time and may provide a required amount of time for a driver to rest in between long stretches of driving. However, these regulations have some flexibility for special circumstances, such as adverse conditions.
How can Breaking HOS Rules Cause Truck Accidents?
HOS regulations may be broken by truckers or companies. Drivers may also alter their logbooks with or without the knowledge of their companies, covering up HOS rule violations. A driver’s sleep schedule or quality of rest can also lead to driver fatigue, separately from an employer’s knowledge or control. In these cases, a driver likely should not get behind the wheel if they are experiencing driver fatigue, but deadlines or other circumstances may push drivers to do so. These HOS rules also do not take into account the changes to a driver’s sleep schedule that may cause driver fatigue and increase the likelihood of an accident.
Who is Liable for an Accident Caused by Driver Fatigue?
An accident due to driver fatigue may lead to compensation for the victim. However, liability can vary depending on the situation. In the event that a trucking company encouraged the driver to violate HOS rules, the company may have some liability. You can contact a Mississippi lawyer at Lott Law today to learn more, and one of our expert attorneys would be happy to answer your questions.
How do you Prove Driver Fatigue?
Proving driver fatigue can be incredibly difficult; however, proving that a driver may have been experiencing fatigue can help your case. It also may help prove a violation of HOS rules. Ensuring that drivers are adhering to these rules can help to improve the safety of everyone on the road. There are a few main ways a lawyer may go about proving driver fatigue.
Electronic Logging Devices
The length of a driver’s shift or how long an individual drives can be tracked by an electronic logging device (ELD). These devices can help determine whether or not a driver was exceeding their driving limits, as determined by HOS rules. A violation may indicate driver fatigue and could help prove the truck accident was caused by negligence.
Footage of the Truck Accident
Surveillance footage can also be helpful in proving driver fatigue and negligence. Surveillance footage, traffic camera footage, or even dashcam footage can be helpful in understanding the cause of the accident.
Reports and Witnesses
Police reports can be essential for proving negligence, and an expert lawyer can help you in this. Eyewitness accounts can be another essential part, as they may be able to better determine how the crash happened. Finally, expert testimony can help determine the cause of the crash. Experts may be able to reconstruct the accident and determine whether or not driver fatigue played a role in the truck accident.
When can you Contact a Lawyer?
You may want to contact a lawyer after an accident. Getting in contact with a lawyer as soon as possible can help in the process of gathering evidence and information about the accident. This may be helpful in proving driver negligence and driver fatigue. Trucking companies may only keep their data logs for a limited time, so timing can be essential to procuring some evidence. You can contact a lawyer at any time to aid you in your legal journey!
Contact one of our Expert Lawyers Today and Learn More About Your Rights!
Driver fatigue can be incredibly dangerous and can increase the likelihood of a truck accident. Despite HOS rules and regulations, mistakes or violations can still happen. This can make accidents more likely and can even result in fatalities. Recovering after a truck accident can be a difficult and painful process. It can also be a costly one. A Mississippi personal injury lawyer may be able to help you receive the compensation you deserve. You can contact one of our expert lawyers today at Lott Law at (228) 215-2787.