Trucking companies frequently incentivize drivers to operate their vehicles for hours on end – sometimes without rest breaks. When truck drivers become fatigued, they can cause serious accidents and injuries.
The skilled legal team at Shunnarah Truck Accident Lawyers can promptly investigate your truck accident scenario, file a claim with the insurance company on your behalf, and pursue the compensation you deserve for your injuries.
For a free case evaluation and legal consultation with a knowledgeable truck accident attorney, please call us at 866-455-3629 or contact us online to learn more.
Injured In A Truck Accident?
Types of Accidents that Result from Truck Driver Fatigue
Truck driver fatigue is a significant cause of accidents on the road, posing severe risks to all drivers. Fatigue can alter a driver’s judgment, reaction times, and overall ability to drive safely. Several types of accidents are commonly linked to truck driver fatigue:
- Rear-End Collisions – One of the most common accidents resulting from truck driver fatigue is rear-end collisions. A tired truck driver may not notice slowing traffic in time, leading to a failure to brake appropriately. A truck's sheer size and weight can cause devastating damage when it crashes into the back of another vehicle.
- Head-On Collisions – Fatigue can also cause a truck driver to drift out of their lane, leading to head-on collisions with oncoming traffic. These accidents are often fatal due to the high speeds involved and the massive force of impact.
- Jackknife Accidents – When a truck’s cab and trailer fold at an angle resembling a pocket knife, it’s called a jackknife accident. This often occurs when a fatigued driver loses control, causing the truck to skid. The trailer can swing out, blocking multiple lanes and causing pile-ups.
- Rollover Accidents – Fatigue can lead to a loss of concentration, causing a truck driver to misjudge turns or overcorrect steering. This can result in the truck rolling over, which is particularly dangerous for nearby vehicles and can lead to hazardous cargo spills.
- Side-Swipe Collisions – A tired truck driver may struggle to stay in their lane, leading to side-swipe collisions. These accidents occur when a truck drifts into an adjacent lane, hitting another vehicle. This can push the smaller vehicle off the road or into other lanes, causing further accidents.
- Run-Off-Road Crashes – When a fatigued driver falls asleep or loses focus, their truck may veer off the road. Run-off-road crashes can result in the truck hitting obstacles like guardrails, trees, or buildings, causing significant damage and potential injuries to others nearby.
- Multi-Vehicle Pile-Ups – Fatigue can affect a truck driver’s ability to react to sudden changes in traffic conditions. In high traffic areas or during inclement weather, this can result in multi-vehicle pile-ups, with numerous vehicles being caught in the wreckage.
Who is Responsible When a Fatigued Truck Driver Causes an Accident?
When a fatigued truck driver causes an accident, determining responsibility involves looking at both the driver and the trucking company. Understanding who is at fault and proving negligence is crucial for victims seeking compensation.
Responsibility of the Truck Driver:
Truck drivers are responsible for ensuring that they are fit to drive. This means getting enough rest, following hours-of-service regulations, and not driving when tired. If a truck driver ignores these duties and causes an accident due to fatigue, they can be held personally liable. For instance, if a driver falls asleep at the wheel or shows signs of fatigue, such as swerving or delayed reactions, it can be evidence of negligence.
Responsibility of the Trucking Company:
Trucking companies have a duty to ensure their drivers are operating safely. This includes monitoring drivers’ hours, providing adequate rest periods, and not pushing drivers to meet unrealistic deadlines. If a company fails to enforce these rules (including Federal Motor Carrier Regulations) or encourages drivers to break them, it can be held liable. For example, if records show that the company ignored regulations or falsified logbooks, this points to the company’s negligence.
Proving Negligence:
To prove negligence against a truck driver or trucking company, the following elements must be established:
- Duty of care, by showing that the truck driver and the trucking company had a legal duty to operate safely and follow regulations designed to prevent fatigue
- Breach of duty, by proving that the driver or company failed to meet this duty (i.e., driving beyond allowed hours, lack of rest, or company policies that encouraged such behavior)
- Causation, by demonstrating that the breach of duty directly caused the accident (i.e., showing that the driver’s fatigue led to a specific error, like falling asleep at the wheel)
- Damages, by providing evidence of harm resulting from the trucking accident (i.e., medical bills, lost income, property damage, and other related costs)
Gathering Evidence:
To build a strong case, various types of evidence are useful, including:
- Driver Logs – These can show whether the driver followed hours-of-service regulations.
- Electronic Logging Devices (ELDs) – These devices track driving hours and rest periods.
- Witness Statements – These statements are usually from those who saw the driver’s behavior immediately before the accident.
- Accident Reports – Police reports can include observations about the truck driver’s condition immediately before the accident.
- Company Records – These records may show the trucking company’s policies and practices regarding driver hours and rest periods.
By thoroughly investigating and gathering evidence, victims can build a strong case to prove negligence and hold the responsible parties accountable for the harm they suffered in a trucking collision.
Injuries in Fatigued Truck Driving Collisions
Fatigued truck driving collisions can result in severe injuries due to the massive size and weight of trucks compared to smaller vehicles. The most common injuries in such accidents are often serious and sometimes life-threatening.
- Traumatic Brain Injuries (TBIs) – TBIs occur when the victim’s head sustains a severe impact, leading to brain damage. This can happen when the head hits the steering wheel, dashboard, or window during a collision. Symptoms range from concussions to severe brain damage, sometimes affecting cognitive and motor functions.
- Spinal Cord Injuries – Spinal cord injuries are common in high-impact truck crashes. These injuries may bring about partial or complete paralysis, depending on the severity and location of the damage. Such injuries often require long-term medical care and rehabilitation.
- Whiplash – Whiplash is a neck injury that results from a rapid back-and-forth motion of the victim’s head – typical in rear-end truck collisions. It can lead to chronic pain, stiffness, and decreased range of motion.
- Fractures and Broken Bones – The force of a truck collision can easily cause fractures and broken bones. Some fractures may require surgery and extended rehabilitation to heal properly.
- Burns – Truck accidents sometimes lead to fires or explosions, causing burn injuries. Burns can range from minor to severe, requiring extensive medical treatment, including possible surgeries and skin grafts.
- Lacerations and Abrasions – Sharp objects and broken glass from a truck collision can cause deep cuts and scrapes. These injuries may require stitches and can lead to scarring or infection if not treated promptly.
- Psychological Injuries – Victims of truck accidents often suffer from psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression. These mental health conditions can significantly affect a person’s quality of life and may require ongoing counseling and therapy.
What Happens at a Truck Accident Trial Involving a Fatigued Driver’s Negligence?
A truck accident trial involving a fatigued driver’s negligence is a detailed legal process where the plaintiff (the person who files the lawsuit) seeks to prove that the driver’s fatigue caused the accident and resulting damages. Here’s what typically happens during such a trial:
- Jury Selection—If applicable, the trial begins with selecting a jury. The plaintiff’s and defendant’s attorneys ask potential jurors questions to ensure a fair and unbiased jury is chosen.
- Opening Statements – Both sides then present opening statements to outline their case. The plaintiff’s truck accident attorney explains how the driver’s fatigue led to the accident and the damages suffered. The defense attorney responds with their version, often denying fault or attributing the accident to other factors.
- Presentation of Evidence – The plaintiff’s attorney presents evidence to support their claim. This evidence may include:
- Driver Logs and Electronic Logging Device (ELD) Data – These records show the driver’s hours of service and rest periods, indicating whether they violated established regulations.
- Expert Testimony – Accident reconstruction experts, medical professionals, and sleep specialists may testify on how fatigue likely caused the truck accident and the extent of the victim’s injuries.
- Witness Testimony – Eyewitnesses and others who observed the driver’s behavior or the accident may provide accounts that support the plaintiff’s case.
- Police Reports and Photos – These documents and images from the accident scene can illustrate the severity and circumstances of the crash.
- Defense’s Case – The defense then presents their evidence and witnesses to refute the plaintiff’s claims. They may argue that the accident was due to other factors, such as weather conditions, actions of other drivers, or mechanical failures. The defense may also challenge the credibility of the plaintiff’s evidence and witnesses.
- Cross-Examination – Both sides have an opportunity to cross-examine the other’s witnesses, aiming to uncover potential inconsistencies or weaknesses in their testimonies.
- Closing Arguments – After all evidence is presented, both attorneys make closing arguments. They summarize their cases, emphasizing key points and urging the jury to side with their client.
- Jury Deliberation – The jury then deliberates in private to decide whether the truck driver’s fatigue caused the accident and if the defendant is liable for damages. They must determine if the plaintiff has proven negligence by a preponderance of the evidence.
- Verdict and Judgment – Finally, the jury delivers a verdict. If they find in favor of the plaintiff, they also decide on the amount of compensation to award for damages. The judge then enters the judgment based on the jury’s decision.
A truck accident trial involving a fatigued driver’s negligence is a complex process requiring thorough evidence and persuasive argumentation to achieve a fair outcome. At Shunnarah Truck Accident Lawyers, we will aggressively represent you during all legal proceedings – including trial – in pursuit of the compensation you deserve.
Injured In A Truck Accident?
Factors that Determine Truck Accident Compensation
When seeking compensation for a truck accident, several factors determine the amount you may recover, including:
- Severity of Your Injuries – The extent of your injuries plays a significant role in determining compensation. More severe injuries, such as traumatic brain injuries, spinal cord injuries, or multiple fractures, often result in higher compensation. The costs for medical treatment, ongoing care, and rehabilitation are considered in this assessment.
- Medical Expenses – Compensation typically covers all medical expenses related to the trucking accident. This includes hospital bills, surgeries, medication, physical therapy, and any future medical care needed due to the accident. You should keep detailed records of all medical treatments and costs to support your claim.
- Lost Wages – If you missed work due to the trucking accident, you can recover your past and anticipated lost earnings.
- Pain and Suffering – Pain and suffering damages compensate victims for the physical suffering, inconvenience, and emotional distress resulting from the trucking accident and injuries. This can include ongoing pain, emotional trauma, anxiety, and loss of enjoyment of life. Calculating these damages can be more subjective, often relying on expert testimony and the severity of one’s injuries.
- Loss of Consortium – If the accident affects your relationship with your spouse or family members, you may claim damages for loss of consortium. This type of compensation covers the loss of companionship, emotional support, and other effects on your relationship with loved ones.
- Punitive Damages – In cases where the truck driver or trucking company acted with gross negligence or recklessness, you may be awarded punitive damages to punish the at-fault party and deter similar behavior in the future.
Contact a Skilled Truck Accident Lawyer Today
If you suffered injuries in a trucking accident that a fatigued driver caused, you are not alone. The skilled team of attorneys at Shunnarah Truck Accident Lawyers can handle every step of the claims-filing and litigation processes in your case and fight for the full compensation you deserve.
For a free case evaluation and legal consultation with an experienced truck accident lawyer, please call us at 866-455-3629 or contact us online.