Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.
Driving while fatigued can be more dangerous than driving while under the influence of alcohol or drugs. Not only is it very difficult for a driver who’s fatigued to operate their vehicle carefully, prudently, and responsibly. But if a truck driver falls asleep, which is a natural response to being overly fatigued. Additionally, the chance of an accident is even greater than an accident with a driver who is under the influence of drugs or alcohol.
Proving a truck driver’s fatigue can be difficult without the help of an experienced car accident attorney. A skilled lawyer could help you with all elements of your case. Speak to a DC driver fatigue accident lawyer and the steps to take to recover compensation.
There are a number of reasons that a truck driver or any driver may want to drive while fatigued. But drivers should not ignore their body telling them that they are tired. Pressures to drive while fatigued for a truck driver would include, if they can get their haul to a delivery destination sooner, maybe they can return to their families sooner, or maybe they can turn around and take another job and make more money. Regardless of the exterior pressure is on the driver, driving while fatigued is dangerous to everyone on the road.
Unfortunately, the types of accidents that occur when a driver is fatigued are serious accidents, accidents in which the victim of the driver’s negligence may be killed, paralyzed, or otherwise seriously injured. It can be a crime, depending on the jurisdiction, for a driver to drive while fatigued.
There are regulations which require commercial truck drivers to rest every so often and to log the rest period that they have taken. The regulations do vary from state to state or jurisdiction to jurisdiction. Drivers would need to check within the jurisdiction to see what regulations apply, but they apply across the board. For example, a truck driver is not allowed to drive for eight hours straight anywhere in the country without resting. If the motorist drives without resting and they are in an accident, then they are liable if they caused the crash.
There are some subjective tests that are available to an officer to gauge fatigue levels. They may ask a series of questions to a driver to gauge their level of fatigue when they were pulled over or involved in an accident. With GPS and cell phone data, it would be even easier for an officer if they are permitted to access the device or devices to have objective proof of whether fatigue was a factor in causing an accident.
Usually, the driver, as well as the trucking company, would be held liable for an accident. And a lawsuit would likely be filed against the driver and the trucking company. The trucking company and their insurer is going to defend and indemnify the driver, especially if the commercial driver was acting within the scope of employment when the accident occurred.
If the driver was on a personal errand, then there may not be company or corporate responsibility for the accident. Then the corporate insurance may not pay the claim. But if the driver was fatigued because they were trying to do their job done quicker and cause an accident while hauling their goods from point A to point B, and were not on a frolic and detour, then the company would be responsible. If the truck driver was doing his own errand, then their own personal liability insurance may pay the claim.
Driving while fatigued is a hazard to everybody on the road. If a truck driver did not stop and rest as they are mandated to do, they could cause a severe accident. A truck driver in the District of Columbia or in any of the surrounding areas is much more likely to be in an accident and can be held liable for damages. If you were in an accident due to an overly tired truck driver, let an attorney help. Call Gelb & Gelb P.C. today to speak to a DC truck driver fatigue accident lawyer.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.