Click here to see how our firm is preparing for COVID-19.
How can we help?

    Carrollton Truck Driver Fatigue Accident Lawyer

    Studies show that driving tired could impair someone’s ability to react in certain situations as much or more than driving intoxicated. That is why the federal government and states have put into place laws governing the maximum hours of operation for drivers of commercial vehicles.

    Trucking companies are required to abide by very specific federal regulations, but whether they actually do so is a common debate in truck wreck litigation. Logbooks and things of that nature are supposed to depict the actual number of hours that the driver has driven, but many times over, logbooks are fabricated.

    If you were injured in a truck accident due to an overworked trucker, a skilled personal injury attorney may be able to help you pursue compensation. A Carrollton truck driver fatigue accident lawyer could examine the facts of your case to determine the liable parties.

    Common Accident Scenarios

    Driver fatigue could lead to some of the worse accidents. For example, driver fatigue was the significant factor in the accident that comedian Tracy Morgan was involved in. That driver failed to yield and touch its brakes when driving down to the interstate, running into the back of the limousine that Tracy Morgan was traveling in.

    Failure to apply the brakes is generally the most common cause of driver fatigue accidents. When they are driving a truck or a trailer truck, drivers need to apply all brakes. If they fail to do so and the truck makes contact with the back of the other vehicle, it causes some horrifying damage.

    Leading Causes of Driver Fatigue in Carrollton

    The leading cause of driver fatigue that leads to truck wrecks in Carrollton is deadlines. Being a trailer or truck driver might seem like an easy job, but many of those drivers are under almost impossible deadlines to deliver the goods to each delivery point. Drivers almost race across America to get as many loads as they are able to deliver because the trucking companies almost always make their money based on the timely delivery of the load.

    Another common cause of driver fatigue is the fact that drivers get paid per mile. Many trailers have a sticker or a decal saying they are hiring drivers, and drivers could be home on weekends and make X cents per mile. However, in order to be home on the weekends and still make an adequate living, they have to drive a lot of miles during those five days. If drivers spend too much time on the road, meeting deadlines comes at the cost of safety.

    Deciding Liability in Truck Accidents

    Driver’s fatigue could be a liability issue in the event of a truck wreck. It is one of the more common theories of liability that is placed upon trucking companies and truck drivers. If a truck driver and truck company do not follow the federal regulations put into place to prevent these accidents, it is considered negligence. There is no one criminal statute related to driver fatigue, but there are significant signs that could be placed on the driver and the trucking company for driving while tired.

    Even if the trucking company was negligent, the driver might also bear some responsibility. The driver is the one who ultimately puts the key in the ignition and decides to drive that truck or trailer. Most times, trucking companies have insurance policies that cover those drivers. The drivers generally do not have their own policies, or if they do, those policies are low in value.

    Drivers generally have just as much responsibility as the trucking company, but there are exceptions. For example, in a recent case, a truck driver parked his semi-truck in a warehouse, plugged the brakes, and did everything that he was supposed to do. He exited the tractor-trailer truck and his truck rolled across parking lot, making contact with four other vehicles and crushing one of the warehouse employees. Experts looked back at the maintenance records for that truck and discovered that many of them were complete fabricated. In that case, the trucking company not only put other people at risk, but also put its own driver at risk by putting them in a truck that was completely unsafe.

    Discuss Your Case with a Truck Accident Attorney

    If you were hurt in a truck accident due to a tired driver, you may be able to pursue compensation with the help of a dedicated truck accident attorney. A Carrollton truck driver fatigue accident lawyer could conduct an independent investigation of your accident to determine the facts. If they find any examples of driver or trucking company misconduct, they could hold the responsible parties accountable for their actions. Call today to get started.