Trucks are dangerous neighbors on the road under ideal conditions. But if you have a tired trucker riding beside you, the risk of a crash increases exponentially. Truck drivers work long and unconventional schedules. Falling asleep for even a second can cause a deadly truck wreck.
Impact of Driver Fatigue on Truck Accidents
Driver fatigue is a significant factor in many truck accidents. The Federal Motor Carrier Safety Administration (FMCSA) reports fatigue caused 13 percent of large truck crashes in a 32-month period.
Fatigue impairs a truck driver in several ways, giving them:
- Slower reflexes
- Lack of road awareness
- Compromised judgment
- Impaired memory and concentration
Federal Hours-of-Service Regulations and Compliance
To combat the dangers of driver fatigue, FMCSA established Hours of Service (HOS) rules mandating regular rest breaks for truck drivers.
- A truck driver cannot drive beyond the 14th hour after coming on duty following 10 off-duty hours.
- Drivers must take a 30-minute break after eight cumulative driving hours.
- Truckers can only be on duty for 60 hours in a consecutive seven-day period or 70 hours on duty over eight consecutive days. A truck driver can restart the 7/8 consecutive period after 34 hours off duty.
Non-compliance can result in fines and legal penalties. The most tragic consequence of violating hours-of-service rules is an increased risk of truck accidents, injuries, and death.
Who is at Fault for a Truck Accident Caused by Fatigue?
Determining who is at fault in a truck accident caused by driver fatigue can be complex. Primarily, the fault for these cases falls on the truck driver for breaking HOS rules or the trucking company if it offered incentives to the driver to make faster deliveries or falsified logbooks to hide violations. Figuring out who is at fault for a fatigue-related truck accident requires a careful examination of evidence, including:
- Electronic logging devices (ELDs) – These digital devices automatically record driving time, break and off-duty time, miles driven, and hours of service (HOS).
- Logbooks – Logs are a manual entry system for recording HOS for trucks without ELDs.
- Weigh stations – Weigh station checks and audits can identify drivers who exceed HOS limits.
- Witness statements – Someone who saw the driver in the pre-accident moments could testify whether the driver appeared drowsy.
Victims of fatigue-related truck accidents may pursue compensation in South Carolina. A truck accident lawyer can file a claim for a truck accident caused by fatigue and seek damages for:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Property damage
Contact a South Carolina Truck Accident Lawyer Now
If you sustained injuries in a truck accident caused by fatigue, a personal injury lawyer from Wilson Law Group, LLC can help pursue damages on your behalf. Our attorneys work tirelessly to pursue maximum compensation for injured people. Let us help you, too.
Call or contact us today for a free consultation with one of our proven truck accident attorneys.