Fatigued Drivers Who Injure Others in Truck Accidents
Drivers often injure other persons that are on the road. Truckers may cause severe situations where death happens as well as serious harm to passenger vehicle drivers. When someone has been overworked and cannot continue without some sleep or rest, it is these times where a collision has the greatest chances of occurring.
While fatigue while operating a truck is possible, these employees may be pushed by their companies to travel until they reach their destination. These factors applied to roads where others are affected raises the possibility of accident and injury. Unfortunately, when a truck is involved in the event, there is the likelihood of multiple others being involved along with a group of several individual cases brought forth for the incident.
There are thousands of accidents that transpire in each state of the country alone, but the damage toll in dollars has exceeded the billions. Without properly preparing for a long trip, a driver may fall victim to distractions, fatigue and poor judgment. Drowsy and tired truck operators may not observe road signs that indicate that certain actions are necessary. Additionally, when they are fatigued distractions on the road could shift their attention away from the crucial elements that may prevent an accident from arising. A lapse of judgment usually occurs when the mind has been overtaxed or altered through substance use. As the brain is overextended due to lengthy travel times, it is not always capable of processing decisions that are beneficial or which may ensure avoidance of road concerns.
Truck Accident InjuriesThe possibility of injury during an incident where trucks are involved with other vehicles are often more severe due to the weight and length of diesel trucks. There are usually instances of multiple cars being damaged in the process which incorporates additional persons into the situation. This complicates the case as it is no longer just one individual affected. If the cargo causes issues due to faulty safety material or defects, these items may initiate an accident that might have been prevented. However, fatigued drivers may cause even more harm due to not processing everything they see or hear. This could lead to colliding with drivers or objects on the road.
When injuries are so extensive due to trucks’ involvement, it may be necessary to seek compensation through litigation. Health and auto insurance may not cover all treatment that is needed from these incidents. If long-term care is needed to recover from the situation, more financial assistance may be required to become whole again after the accident. With the greater chance of brain, spine or back injury in these events, the victim could be paralyzed, have brain damage or sustain a wound that flares up for the rest of his or her life. Small and minor physical harm usually do not demand expensive procedures.
Limitations on Commercial Drivers to Thwart ExhaustionThere are many stipulations implemented to ensure commercial truck drivers are permitted enough rest. However, when nothing is specified by the state, those created by the Department of Transportation’s Federal Motor Carrier Safety Administration are implemented for periods of rest during the week or month. Each week may have an amount of time where the driver must rest. This period is eleven to fourteen hours of driving consecutively only if the vehicle operator has had ten hours of off time. Additionally, when eight hours have been used for driving, a 30-minute break must be part of the driving time that may be completed inside or outside the vehicle. However, when the trip is short, there are exceptions to these rules.
Some states have certain stipulations that only allow twelve hours of consecutive driving with an eight-hour rest or off duty period. Interstate or intrastate travel may be different from smaller roads. Some guidelines are less severe than others based on the state and laws surrounding these conditions. In deviations to these usual limitations, there are some states that attempted to lengthen the hours truck drivers are permitted to drive. While these attempts failed, they could have led to additional and more complicated accidents due to fatigue. When exhausted, a driver may even cause someone to lose his or her life through serious and dangerous injuries.
Lawyers and Fatigued DriversWhen injuries occur because of a fatigued state, it is important that seek legal assistance. Compensation is often necessary for the victim, and the driver may not be responsible. A lawyer may explain how the limitations of truck drivers and companies applying rest periods reduce accidents but are unable to eliminate them.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.