Sevierville Driver Fatigue Truck Accident Lawyer

Not only does driving an 18-wheeler or other commercial vehicle require specialized training, but drivers also need to remain alert and attentive at all times. These vehicles can weigh 10-20 times as much as a passenger car, especially if they’re towing a packed trailer, and they’re much harder to control. That means truck drivers should be well-rested before getting behind the wheel, but the demands of their job and other factors make driver fatigue a significant safety concern.

Any driver who is not well-rested is more likely to cause an accident. When it comes to tired drivers behind the wheel of large trucks, however, it’s the others on the road who are more likely to suffer severe or fatal injuries as a result. 

Contact The Terry Law Firm if you’ve been injured in an accident with a fatigued truck driver in Sevierville or surrounding areas of East Tennessee. Our truck accident lawyers have over 50 years of experience and have built a reputation for helping our clients recover maximum compensation. 

To learn more, get a free initial consultation today.

What Is Truck Driver Fatigue?

When we don’t get enough rest, fatigue affects us in several ways that make handling a car, truck, or another vehicle more difficult. These effects include increased reaction times, impaired perception and judgment, and a much higher chance of nodding off behind the wheel. 

In fact, the National Safety Council says going more than 20 hours without sleep is roughly equivalent to driving with a blood-alcohol concentration (BAC) of 0.08 percent, which is the legal limit in most states.

With tractor-trailers and other large trucks, all the dangers of driver fatigue are compounded. Commercial trucks are longer, taller, and heavier than passenger vehicles, which means they can cause considerably more damage in a crash. That is partly why there are rules mandating how long truck drivers can work without taking a break.

Types of Truck Accidents Caused by Fatigue

A truck driver experiencing severe fatigue could inadvertently cause many different kinds of accidents, including:

• Head-on collisions — A truck driver who passes out behind the wheel could leave their lane and collide head-on with another vehicle coming toward them. Some trucks are big enough to smash through medians and veer into oncoming traffic.
• Rear-end collisions — Rear-end collisions are one of the most common types of accidents involving tired truck drivers. This makes sense, as a fatigued driver might not realize how close they are to vehicles in front of them or react too slowly to brake in time. A tired truck driver might also fall asleep and rear-end another car.
• Sideswipe accidents — Fatigued truck drivers might drift out of their lane due to carelessness or inattention or because they fell asleep for a moment. That could cause the truck to drift into other lanes of traffic and sideswipe other vehicles around them.
• T-bone accidents — Many truck accidents involving fatigued drivers are caused by drivers failing to stop for yield signs, stop signs, traffic lights, and other traffic control devices. When this happens, the truck may plow into the side of another vehicle traveling perpendicular to the truck.

Truck Driver Fatigue Rules

To help combat driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has set specific rules for how long truck drivers can work without taking a break. These regulations are commonly known as Hours of Service guidelines. Here’s what they say:

• Truck drivers can work for up to 14 straight hours after being off-duty for at least 10 consecutive hours. This 14-hour work window starts when the driver begins doing any work-related activity, not when they start driving.
• After the 14-hour work window has started, truck drivers can only be behind the wheel for up to 11 hours.
• Truck drivers must take a break of at least 30 minutes if it’s been 8 hours or longer since their last break of 30 minutes or longer.
• Depending on the particulars of an individual driver’s schedule, truck drivers can only work for up to 60 or 70 hours in a given 7-day or 8-day workweek.

Liability in Tired Truck Driver Accidents

To recover compensation for your injuries after a truck accident involving a fatigued driver, you’ll need to demonstrate that the truck driver or another party is liable for your injuries. That means finding evidence that they were negligent in some way. 

Several different parties might be responsible for your injuries, including:

• The truck driver — If the truck driver broke Hours of Service guidelines, or they were fatigued because of drugs or alcohol, then they could be held liable for the crash. Truck drivers have a legal duty to follow traffic laws and minimize the chance of hurting others on the road.
• The trucking company — Trucking companies can be held liable for the actions of their drivers if they knew the driver wasn’t following Hours of Service guidelines, had been driving while impaired or was otherwise negligent. Trucking companies have also been known to punish drivers for ignoring Hours of Service, which would also be an example of negligence. If the driver was an employee, not an independent contractor – regardless of their official title – then the trucking company would be vicariously liable for the trucker’s negligence.
• A vehicle or parts manufacturer — Even if a truck driver is tired, a defective part in their vehicle could make it much harder to avoid an accident. If a truck’s brakes, tires, transmission, steering, or other critical systems are defective, the company that made the faulty part could be held partly liable for an accident.
• Cargo loaders and maintenance companies — Strict maintenance requirements for commercial vehicles minimize the chance of an accident. If this maintenance isn’t done, a fatigued truck driver might have to deal with equipment failure in an emergency. Maintenance providers can be held liable in cases like this. Similarly, cargo loaders can be held responsible if improperly loaded cargo shifts or comes loose in transit, triggering an accident.

Our truck accident lawyers are ready to investigate your accident to determine who may be liable for your injuries.

What Makes Truck Drivers Fatigued?

Some of the most common causes of fatigue among truck drivers include:

• Truck drivers not getting enough sleep and ignoring Hours of Service rules
• The effects of certain prescription and over-the-counter medications, such as sleep aids
• Certain medical conditions, such as sleep apnea
• Truck drivers using drugs or alcohol

Truck Driver Fatigue Accident Statistics in Sevierville

Information from the Tennessee Department of Safety and Homeland Security shows 195 people died in large truck crashes in a single recent year. While the state has no data on how many of these crashes involved fatigued drivers, research from the FMCSA shows that driver fatigue is a factor in about 13 percent of all truck accidents nationwide.

Contact Our Experienced Sevierville Truck Accident Attorneys for Help

The Sevierville truck accident attorneys at The Terry Law Firm have seen firsthand how devastating crashes caused by fatigued drivers can be. If an overly tired truck driver has injured you or a loved one, call us for help right away. We’ll provide you with a 100% free consultation to discuss your rights and legal options.