Truck Accidents Caused by Driver Fatigue in Morristown
Because truck drivers spend many hours on the road, they are at high risk of driving while overly tired. Fatigue puts both them and other motorists at risk of devastating accidents. In many cases, drowsy driving can be as dangerous as driving under the influence of alcohol or drugs.
If you suffered injuries in an accident caused by a tired trucker, turn to a Morristown truck accident lawyer with The Terry Law Firm for help with your legal claim. Since 1960, our firm has provided quality legal representation to injured clients throughout East Tennessee, helping them get money for medical bills, lost income, pain, suffering, and more. We are a small-town firm with big-city know-how, ready to take on the large trucking companies and their insurers to demand justice for the harm they caused you.
If someone else is responsible for your injuries, they should also be responsible for your losses. Let The Terry Law Firm pursue this compensation quickly, aggressively, and skillfully. Contact us today for a free consultation with a truck driver fatigue accident lawyer in Morristown.
What Is Truck Driver Fatigue?
When truckers either fail to get enough rest between shifts or spend too much time on duty and behind the wheel, they can become dangerously fatigued. Fatigue can impair judgment and make a driver more likely to nod off or fall asleep behind the wheel. Drowsy or fatigued driving is often just as dangerous as driving drunk, as fatigue and alcohol intoxication have many of the same adverse effects on cognitive abilities.
How Common Is Truck Driver Fatigue in East Tennessee?
According to a study conducted by the Federal Motor Carrier Safety Administration (FMCSA), approximately 13 percent of commercial motor vehicle drivers involved in traffic accidents were fatigued at the time of the crash.
Another study reported by the National Institute for Occupational Safety and Health (NIOSH) found that about 37 percent of all types of workers in the U.S. received less than the recommended seven hours of sleep per night.
Furthermore, a survey conducted by the Centers for Disease Control (CDC) found that 1 in 25 adults admitted to falling asleep behind the wheel in the past 30 days, with many more admitting to driving while feeling tired.
What Factors Cause a Truck Driver to Be Drowsy?
Because of the nature of their jobs, truck drivers face unique risks of becoming drowsy or fatigued while behind the wheel. Some factors that can lead to tired driving by truck drivers include:
- Truckers sometimes exceed their hours-of-service (HOS) limitations and spend too much time on duty and behind the wheel.
- Truckers do not always get restful sleep even when they take the required off-duty time.
- Drivers may suffer from “highway hypnosis,” which can occur on long road trips over rural highways and interstates.
- Poor diet while on the road can also contribute to fatigue and drowsiness.
- Use of drugs, even valid prescription medication, can cause drowsiness as a side effect.
- Truckers who use stimulants, including caffeine, can experience fatigue as a rebound side effect as the stimulant wears off.
How Does Driver Fatigue Cause Truck Accidents?
Fatigue can negatively affect a driver by:
- Slowing reaction times and causing them to react less quickly to emergencies
- Impairing perception and affecting their ability to recognize objects on the road or the speed and distance of other vehicles
- Impairing their judgment and causing them to make poor decisions such as speeding or making unsafe maneuvers
- Causing them to fall asleep or engage in microsleep, a condition in which a driver experiences periods of unconsciousness lasting for several seconds.
Impaired driving ability or falling asleep can cause a truck driver to lose control of their vehicle and collide with another vehicle or object.
Rules and Regulations for Tired Truckers in Morristown
Federal regulations restrict truck drivers’ on-duty and driving hours, helping prevent truckers from engaging in drowsy or fatigued driving. Hours of Service Regulations for truckers include:
- Truckers may drive for no more than 11 hours after spending at least 10 consecutive hours off duty.
- Truckers may not drive after the 14th consecutive hour after coming on duty, following an off-duty period of at least 10 consecutive hours.
- Truckers must take a 30-minute break after driving for eight consecutive hours without a 30-minute break. Drivers may spend the break on duty but not driving, in their sleeper berth, or a combination of both.
- Truckers may not drive after spending 60 hours on duty in a seven-consecutive-day period or 70 hours in an eight-consecutive-day period. Periods reset after taking at least 34 consecutive hours off duty.
- Truckers may split their 10-hour off-duty period so long as one period is at least two hours long and the other is spent in the sleeper berth for at least seven hours.
- Truckers may extend the 11-hour and 14-hour limits by up to two hours when driving in adverse conditions.
HOS regulations do not apply to truck drivers who operate within a 150-air-mile radius of their work reporting location and spend no more than 14 consecutive hours on duty.
Federal law requires truckers to keep records of their on-duty and driving time. Today, most trucks must have electronic logging devices that track drivers’ duty hours.
Who Is Responsible If a Tired Driver Causes a Crash in Morristown?
A truck driver can be held liable for an accident they cause due to fatigued or drowsy driving. Truck drivers must operate their vehicles safely and should refrain from driving while feeling tired.
Additionally, the trucking company that employs or supervises a trucker who causes an accident due to fatigue may also be held liable for the crash. The trucking company might be responsible if it failed to ensure the driver obeyed the HOS regulations or either instructed or encouraged a driver to continue driving past their HOS limits or when feeling tired. If the trucker was an employee, the company could be vicariously liable for the truck driver’s negligence.
Get Help Now from Our Morristown Truck Accident Lawyers
Were you injured in a truck accident caused by a dangerously fatigued driver in East Tennessee? Then contact us online or call The Terry Law Firm today for a free, no-obligation consultation. You’ll speak with a truck driver fatigue accident lawyer in Morristown, TN, about your case. We can help you stand up to the trucking companies to pursue maximum financial recovery for your injuries and losses.
Truck Accidents
How Much Is My Truck Accident Worth?
When you file a truck accident claim, you may be able to recover compensation for various expenses and losses you incurred due to the crash. Your case may provide you with financial recovery for your:
- Medical and rehabilitation expenses
- Lost income
- Lost future earning potential and job benefits
- Pain and suffering
- Lost enjoyment or quality of life
- Vehicle repairs or reimbursement of your car’s value
Should I Call the Police After My Truck Accident?
Yes, it’s crucial to call the police at the scene of a truck accident. The police can investigate the crash scene, gather information from the truck driver and other motorists and eyewitnesses, and prepare an accident report. Police crash reports often provide critical information for truck accident claims.
What Else Should I Do at the Scene of a Truck Accident?
Other steps you should take at the crash scene include:
- Check on everyone involved in the accident to see if anyone requires immediate medical attention.
- Move your vehicle out of the path of traffic if possible, or walk to the side of the road if your car has been disabled.
- Get the truck driver’s employer and insurance information and insurance information from any other drivers involved in the crash.
- Take photos and videos of the accident scene, including vehicle damage, license plates, visible injuries you suffered, skid marks on the road, and traffic controls at the scene.
- Talk to eyewitnesses to obtain a brief statement of what they saw and their contact information.
Who Will Pay for My Truck Accident?
In most cases, the insurer of the at-fault truck driver or the trucking company that employed the driver will pay you compensation for your truck accident claim if they are found liable. Other parties may also have liability for the accident, including:
- The truck’s owner
- The cargo company
- The truck and trailer manufacturer
- Manufacturers of parts used on the truck
- Third-party auto shops that serviced the truck
Do I Need a Lawyer to Help After a Truck Accident?
You should contact a truck accident attorney immediately after a truck accident. A lawyer will know what it takes to thoroughly investigate the accident and prepare a compelling, persuasive legal claim. A lawyer can also document your injuries and losses and estimate future expenses to ensure you seek total compensation. Your attorney can also deal with trucking company representatives, insurance adjusters, defense lawyers, or bill collectors on your behalf so you can focus on healing.
Are There Special Laws That Apply in Truck Accident Cases?
Although liability for the truck accident is determined under traditional state negligence laws, other laws – such as state and federal trucking industry regulations – may affect the outcome of your case. For example, a truck driver’s violation of the federal or state hours-of-service regulations may serve as evidence that they were too tired to drive safely. Speak with your attorney to learn more about the laws that apply in your case.
What Makes Truck Accident Cases More Complex?
Here are some factors that make truck accident cases more complicated than other kinds of auto accident claims:
- Truck accident victims often suffer more severe injuries that require longer, more expensive medical care.
- Truck accidents can injure more people than other types of crashes.
- Truck accidents may have multiple liable parties who will fight with each other to shift financial responsibility among themselves.
- Truck accident claims may involve lots of complex evidence.
- Trucking companies may have complicated corporate structures or layered insurance policies that make it difficult to determine the extent of financial assets available to the company.