How to Show That Driver Fatigue Played a Role in a Truck Accident

 Posted on August 15, 2023 in Truck Accident

Truck accidents can have devastating consequences. Due to their size and weight, trucks can cause significant property damage and severe injuries in collisions with smaller vehicles. One of the most common causes of truck accidents is driver fatigue, which occurs when truck drivers are overly tired or sleep-deprived. Truck accident victims will want to establish that driver fatigue played a role in a collision, and this can ensure that they will be able to hold the responsible parties accountable for the damages they have suffered.

The Importance of Proving Driver Fatigue

Showing that driver fatigue was a contributing factor in a truck accident is essential for several reasons:

• In personal injury cases arising from truck accidents, negligence must be proven. If it can be demonstrated that the driver was fatigued at the time of the accident, this will likely be considered a breach of the driver’s duty of care to protect the safety of others.

• When an employee causes an accident while performing their job duties (e.g., delivering goods), their employer may also be held liable under the principle of vicarious liability. Establishing driver fatigue can help demonstrate that an employer failed to adequately manage work schedules or enforce rest periods, putting others on the road at risk of being injured in a truck accident.

• The severity of injuries sustained in a truck accident often warrants substantial compensation. By proving driver fatigue as a contributing factor, you will strengthen your claim and increase the likelihood of receiving fair compensation for medical expenses, lost wages, pain and suffering, and other damages.

Gathering Evidence of Driver Fatigue

To successfully prove that driver fatigue played a role in your truck accident case, there are several types of evidence that may be used. These may include:

• Data from electronic logging devices: Many modern commercial trucks are equipped with devices that track a driver's activities. This data may include sudden braking events, acceleration patterns, or extended periods without movement, all of which may indicate potential fatigue-related issues and unsafe practices by a truck driver.

• Employment records: Trucking companies may have records that will detail a driver’s work schedules, hours logged, and any patterns of long shifts or insufficient rest breaks. These records can help establish that a company engaged in unsafe practices by failing to prevent driver fatigue.

• Driving logs: Commercial truck drivers are required to keep logs of their driving and rest periods to ensure that they follow the appropriate hours of service regulations. These records can reveal any violations that a driver may have committed or issues that affected their ability to get adequate sleep.

• Witness statements: Eyewitness accounts from people at the scene of an accident may show that a truck driver demonstrated signs of fatigue.

• Surveillance footage: If available, video footage from traffic cameras or nearby establishments might capture the accident or provide visual confirmation of fatigued driving behaviors such as swerving lanes or drifting out of control.

Contact an Experienced Plano Truck Accident Attorney for Driver Fatigue

To effectively demonstrate driver fatigue in your truck accident case, it is crucial to work with an attorney who can help gather the necessary evidence and build a strong case on your behalf. At Burress Injury Law, our Collin County commercial truck wreck lawyers have extensive experience handling complex truck accident cases, and we will fight to get you the compensation you deserve. If you were involved in a truck accident caused by driver fatigue in Plano or the surrounding areas, contact us at 214-726-0016 for a free consultation.

Sources:

https://www.fmcsa.dot.gov/safety/driver-safety/cmv-driving-tips-driver-fatigue

https://www.ncbi.nlm.nih.gov/books/NBK384974/