How Truck Accident Lawyers Prove Truck Driver Fatigue

According to the Federal Motor Carrier Safety Administration (FMCSA), truck driver fatigue is one of the top 10 causes of truck accidents in the U.S. If you’re injured in a truck accident due to truck driver fatigue, you need a skilled truck accident lawyer to help.

You can get compensation for your injuries in these crashes from the driver’s insurance company. However, you will only be compensated if you can prove that the other driver was fatigued. With an experienced truck accident lawyer by your side, you’ll be able to gather evidence that proves a driver was fatigued before a truck accident.

Federal Regulations That Govern Truck Driver Hours

How can you tell if someone is fatigued? Some people need to nap if they are awake for only a few hours. Others are able to stay up for 20 hours and still be extremely aware and capable.

Thankfully, your truck accident lawyer doesn’t need to meet a subjective standard. The FMCSA regulates how long truck drivers are legally allowed to drive.

If a truck driver violates these regulations, they are typically considered to be negligently driving while fatigued, regardless of their specific body chemistry. Thus, your truck accident attorney often only needs to prove they violated these regulations.

While there are some corner-case situations, the Hours of Service regulations are relatively simple to understand. Every driver must spend at least 10 consecutive hours off duty each day. Between periods of being off duty, the driver may drive a maximum of 11 hours and must go off duty no later than 14 hours after going on duty.

Furthermore, once a driver has driven for at least eight hours in a day, they must take at least one 30-minute break. Finally, they may not drive more than 60 hours total over seven days or more than 70 hours total over eight days.

Looking at Logbooks and Electronic Logging Devices (ELDs)

Truck drivers are required to keep a log of every hour that they work, their off-duty time, and their breaks. Until relatively recently, those hours were logged by hand in a logbook. However, many trucking companies have started using ELDs. They work the same way as a logbook but are digital.

Typically, the first thing a truck accident lawyer will do is ask to look at the records, whether digital or physical. These records can be faked, but experienced truck accident attorneys know how to identify forged records.

Analyzing GPS and Cell Phone Data

One way to determine whether driving records have been faked is by looking at GPS or cell phone data. For example, if the GPS shows that the vehicle was driven more than 11 hours in a day, the logbook data is false. Cell phone data can also show where a truck was when GPS data isn’t available.

Looking Into Surveillance Footage

Sometimes, truck drivers get drowsy or fall asleep even when following federal regulations. There are several ways for a truck accident lawyer to identify that a truck driver was fatigued. One way is by looking for surveillance footage. This is usually easiest to acquire from dash and traffic cameras.

Talking to Witnesses

Alternatively, there may be a witness who saw the truck driver falling asleep at the wheel. Usually, this type of witness identifies themselves at the accident scene. If no one comes forward, your lawyer could try talking to someone else, such as a worker at a rest stop near the accident who interacted with the truck driver.

Examining Medical/Toxicology Reports

Usually, this is only applicable if the driver died in the accident. Medical or toxicology reports could show the presence of stimulants that the driver was taking to keep awake when they were too fatigued to drive safely.

Using Expert Testimony

Expert testimony will only become relevant if the case goes to trial. While we usually try to avoid trials when possible, we will do whatever is necessary to get results. An expert can look at driving patterns or other evidence and explain how the driver was fatigued and shouldn’t have been on the road.

FAQ

Which Insurance Company Will I Get Compensation From After a Truck Accident?

Typically, the trucking company’s insurer will compensate you after a truck accident. However, in some cases, you might be compensated by the truck driver’s personal insurance. This will sometimes happen if the driver was operating the vehicle while not performing work duties.

What Types of Compensation Can I Get From a Truck Accident?

You will almost always get compensation for medical bills, lost wages, and other expenses related to the truck accident. Furthermore, because driving while fatigued is a negligent action, you should also get compensation for the pain and suffering you endured.

How Much Will a Commonwealth Law Group Truck Accident Lawyer Cost Me?

At Commonwealth Law Group, we take all truck accident cases on contingency. This means that we only receive a fee if we win you money. When we win a case, your fee is a percentage of the money that we win for you. We fully explain our fee structure before you hire us so that there is no confusion.

Contact a Virginia Truck Accident Lawyer at Commonwealth Law Group Today

Truck accidents are some of the most horrifying types of crashes that can happen on the road. The federal government regulates trucks strictly to try to prevent as many serious injuries and fatalities as possible.

When a truck driver ignores these regulations and drives while tired, you deserve significant compensation for the harm you suffered in that accident. Contact our law firm immediately to discuss your legal options if you’re injured in a truck accident in Virginia.