18 Wheeler Accidents Caused by Driver Fatigue
One of the most dangerous kinds of drivers you can encounter on the road is a tired one. Studies have shown that drowsy drivers are just as dangerous as drunk drivers. When it comes to 18 wheelers in Monahans, Texas, drowsiness is even more problematic. The National Highway Traffic and Safety Administration (NHTSA) found that driver fatigue has caused over 40% of all crashes with semi-trucks. If you were a victim of an 18 wheeler accident because of a fatigued truck driver, a Monahans 18 wheeler accident lawyer could work with you to get you justice. Our team at Carabin Shaw is a seasoned staff of top-quality law professionals who understands how to get the most for our clients. When it comes to 18 wheeler accidents caused by driver fatigue, we know how to win.
The Hours of Service Regulations WorkThe lifestyle and typical working hours of a truck driver are a recipe for driver fatigue. Numerous studies show the prominence of driver fatigue in its relation to 18 wheeler accidents. To prevent truck driver fatigue, The Federal Motor Carrier Safety Administration (FMCSA) developed guidelines called The Hours of Service Rules that all drivers must adhere to:
- 11 Hour Driving Limit:A truck driver is limited to driving a maximum of 11 hours after an off-duty break of 10 consecutive hours.
- 14 Hour Limit:Truckers have a 14-hour window after a 10-hour consecutive break in which they are allowed to drive their maximum allotted time of 11 hours. They are not allowed to drive beyond this 14 hours. If you have questions about how this rule works, consult with Monahans accident attorneys.
- Rest Breaks:After 8 hours of consecutive driving, drivers must take a mandatory break of at least 30 minutes before they can get back behind the wheel.
- 60/70 Total Hour Limit:In 7/8 consecutive days, a driver cannot drive more than 60/70 hours. Once a driver takes 34 consecutive hours off duty, they can restart their 7/8 day driving period. A Monahans 18 wheeler accident lawyer can further explain how the Hours of Service Rules work.
Even though these regulations are in place to prevent fatigued driving, it still happens all too often. Fatigued driving causes delayed reaction time. Tired truckers may ignore stop signs, run red lights, or forget to check their blind spots, which can lead to severe accidents.
Drivers need to be aware of their surroundings at all times in Monahans, Texas, particularly at night or in the early morning hours. If a fatigued driver struck you, speak with a lawyer.
How To Prove Truck Driver FatigueTo build a case against a fatigued truck driver, an attorney would investigate a few key elements. He or she would first scrutinize the driver’s log to see if the driver followed The Hours of Service Rules. Next, your lawyer might interview the driver to ask about their sleep before the accident. If your lawyer believes fatigue contributed to your accident, they would also look into the driver’s working conditions. They would try to see if the company’s policies could have added to the driver’s tiredness. If so, the company could be held liable. Talk to Monahans accident attorneys to learn more about how they would prove your case.
Fighting BackWhen fatigued drivers cause accidents, trucking companies will do everything they can to pay you as little as possible. That’s why you need an experienced attorney by your side. Our staff at Carabin Shaw is your best chance against a big trucking company. We fight aggressively for our clients, making sure they get the compensation they deserve. Call us and speak with a Monahans 18 wheeler accident lawyer at our firm today.
Dial 432-620-0544 or call us toll-free at 1-800-862-1260.