Truck accidents happen all the time. One of the most causes of truck accidents is driver fatigue. If a driver is overtired, they will have a slower reaction time, will be susceptible to falling asleep while driving, and the driver is going to be less attentive. There is going to be a lack of awareness of the roadway and around their vehicle, which can cause a severe crash. Additionally, if a trucker is overtired, they are going to be susceptible to poor judgment in driving and potentially cause an accident.
Following a truck accident, you should retain the services of a knowledgeable attorney. A San Antonio truck driver fatigue accident lawyer could investigate the cause of the collision and help prove the overtired trucker is responsible for your injuries. Get in touch with a diligent truck accident attorney to determine your best options for recovering compensation for damages.
There are several regulations, as well as The State of Texas regulations, regarding hours of service and the amount of time that a truck driver can work.
A driver cannot operate a commercial motor vehicle after having been on duty 60 hours in any seven consecutive days, if the employer does not operate every day of the week. If the employer or trucking company is operating every day, then the driver can operate a truck after having been on duty 70 hours in any 8 consecutive days.
There is a mandatory rest period between shifts, and that is ten hours. Also, any period of 34 resting hours will reset the seven or eight consecutive days when they are calculating the amount of time that a trucker can work in a seven or eight-day period.
Drivers must record their driving hours either using an electronic log or a handwritten log, and the employer is also responsible for making sure that those logs are kept and maintained. Additionally, they have to retain the logs for six months from the date of receipt.
The truck driver is going to be liable for the driver’s own negligence in contributing to the fatigue, but also the trucking company may be directly negligent. The company can be held liable for allowing the driver to be over-serviced over the service hours limit, or pushing driver to drive more than the allowed timeframe that the trucker can work.
Also, there could be liability with the trucking company if they are assisting the driver with changing the logs or creating false logs. Additionally, the driver will also be responsible for not keeping accurate logs or creating false logs.
If a trucker operates their vehicle while overtired and causes a collision, they can be held liable for all damages they cause. The truck driver is going to be responsible in some way because their fatigue caused them to lose control of the truck and cause the collision. Side-impact and rear-end collisions can occur if the truck did not stay in their lane, made unsafe moves from a lane from one to the other failed to pay proper attention, or drove off the side of the road due to driver fatigue.
Let a seasoned San Antonio truck driver fatigue accident lawyer help you hold the negligent trucker accountable for all of your damages and injuries. Call today to discuss your legal options for recovering compensation.
We know these are uncertain times, but our team is fully prepared to handle your case remotely and available 24/7. We have been conducting new case intake and other client interactions via telephone, video conference, and e-mail to service our clients. Also, medical providers are still able see patients in person, by telemedicine, or video conference. If you have any questions about a new or existing case, please contact us today.
Thank you for your understanding and patience during this time, and we wish you and your families good health and safety.