Truck drivers are on the roads for many hours at a time and they often suffer from fatigue. Although the law limits the number of hours a driver can be behind the wheel without taking a break, unfortunately, sometimes drivers and truck company owners ignore the law.
Companies often pay drivers by the load, and that can encourage lengthy hours. Drivers may especially suffer fatigue when they drive across the country or when they drive for extended periods of time without a sufficient break. Fatigue can cause or contribute to big rig accidents many of which include wrongful death truck wrecks.
Many factors cause or contribute to truck crashes. The causes of accidents are generally broken down into three classifications — human error, mechanical failure, and road or weather conditions. Fatigue is one factor that is considered a human error.
In a study by the Federal Motor Carrier Safety Administration (FMCSA), fatigue was a factor in almost 15% of truck crashes. Fatigue was a factor more often at night or in the early morning hours.
Several laws in place address driver fatigue and overwork. Hours of Service (HOS) regulations require drivers to rest some hours between shifts and before they can return to the road following a break. Failing to follow the law is a common problem in the trucking industry.
A truck driver must drive safely on the roads. A truck driver or a trucking company might be negligent if they failed to follow the HOS rules. The law requires truck drivers to log their hours. The FMCSA requires drivers to use an electronic logging device (ELD) usually.
The ELD synchronizes with the truck’s engine to record driving time automatically. The trucking company and driver might both allow a trucker to drive too many hours and become fatigued.
Following a truck accident, it is essential to request the driver logs and any other documentation regarding the driver’s service. In addition, other factors may amplify fatigue, such as drug or alcohol use, or illness.
A driver should not get behind the wheel unless he knows it is safe to do so. An experienced Houston truck accident attorney will review the details of your case and gather valuable information to prove negligence in the accident.
Sometimes, a court order is necessary to obtain documents before they can be destroyed or misplaced. The law limits the time to file a claim following an accident.
It is best to speak to an attorney soon. You may have compensation for your injuries including medical bills, lost wages, money for pain and suffering, and more.
Attorney Greg Baumgartner has 35 years of experience with truck accident cases and has never lost a truck wreck case. We have obtained countless millions of dollars for our clients.
We will help you get the most for your claim. Contact truck accident lawyer- Greg Baumgartner today for a free initial case consultation.
Call (281) 893-0760
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