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Driver Fatigue is a Significant Factor in Truck Accidents

Truck drivers are required to obtain specialized licenses, as well as follow federal and state regulations designed to prevent accidents from occurring. With delivery deadlines and other pressures, truck drivers often spend more time on the road than legally allowed. Truck driver fatigue can cause serious accidents and catastrophic injuries, as well as fatalities. Marc S. Albert assists victims in pursuing proper legal action against drivers, trucking companies, and other parties responsible for their injuries.

In trucking accidents, there are many different factors as well as competing interests. A thorough investigation into a truck driver’s history, an examination of logbooks, and gathering of other evidence can be necessary to determine what caused an accident. Marc S. Albert has over two decades of experience dealing with these complicated cases, and he has successfully represented many victims in claims against negligent truck drivers.

Dangers of Truck Driver Fatigue

The Federal Motor Carrier Safety Administration (FMCSA) is the governmental agency tasked with overseeing safety standards for the interstate trucking industry. The FMCSA sets regulations aimed to prevent tired truck drivers from getting behind the wheel. There are extremely strict rules governing rest breaks and how many hours a driver may operate a vehicle before being required to end their shift. The law also governs how long they much remain off the road prior to starting a new shift.

Truck drivers are required to keep accurate logbooks, detailing how many hours they spent driving. The logbook must also include when the driver takes rest and meal breaks. When truck drivers are fatigued, their reaction time is delayed, and their ability to think quickly in changing circumstances is affected.

Industry Compliance is Key

The 2018 Commercial Vehicle Safety Alliance (CVSA) International Road check, a three-day inspection event across North America, focused on hours-of-service compliance. Four main issues that the CVSA were focusing on were:

  • False logs
  • No record of duty status. (Officially reporting as being on-duty or off-duty.)
  • Operating past a 14-hour day
  • Driving over 60/70 hours in 7/8 days

Truck driver fatigue is a contributing factor in 13 percent of truck accidents, according to the FMCSA. Truck accidents caused by fatigued drivers can result in life-altering injuries like paralysis, traumatic brain injuries, and other conditions requiring extensive medical care, rehabilitation, and adjusting to a new reality.

Responsibility for Fatigued Truck Driving Accidents

Truck drivers can be held liable in a civil personal injury or wrongful death lawsuit if they remain on the road without taking appropriate rest or meal breaks. Falling asleep behind the wheel, or being too tired to focus appropriately, is a sign of negligence.

Trucking companies could be held vicariously liable for their employees’ negligent actions if the negligence occurred within the scope of employment. If a driver skips a required break due to rushing to make a delivery for his or her employer on time, the employer could be held accountable. The injured person may receive compensation for medical expenses, loss of income, diminished earning capacity, and pain and suffering from those found responsible.

Liability for Accidents Caused by Overweight or Overloaded Trucks

Marc S. Albert is committed to ensuring that those who have acted wrongly in contributing to a truck crash are brought to justice. He fights aggressively on behalf of his clients, offering personalized, compassionate, and zealous legal advocacy throughout the litigation.

The Law Offices of Marc S. Albert serves accident victims across New York City and Long Island from offices in Astoria, Brooklyn, and Syosset. If you need legal guidance in the aftermath of a severe truck accident, contact our office at 855-252-3788 or online to learn more about your rights and options.

 

If you have been in a car accident, your first call should be to Marc Albert at 855-252-3788.

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Contact the Law Offices of Marc S.Albert at 347-472-5080 for a free, no-risk consultation.

If you have been in a Truck Accidents. You should speak to local personal injury attorney with significant experience dealing with Truck Accidents. We work on contingency, which means we do not get paid unless there is a settlement or a verdict with an award.

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