McKinney Truck Driver Fatigue Accident Lawyer
Falling asleep at the wheel under any circumstances can lead to a collision with devastating injuries and property damage. Someone who has suffered severe injuries because a truck driver operated while sleep deprived should speak with a diligent McKinney truck driver fatigue accident lawyer. A proactive truck accident attorney could review the factors that may have contributed to your case and work to develop a legal strategy to hold the negligent party accountable. Call today and arrange for an appointment to begin assessing your legal options.
Risks of Driving While Sleep Deprived
In some instances, driving while overtired mimics the same reaction time that people may have if they drove intoxicated. When someone is overtired, they’re not paying as careful attention to the road around them. Their reaction time is generally slowed and that can have devastating consequences when they drive. As a professional, truck drivers have standards that they must maintain as far as the number of hours that they can drive, the time of rest between driving, and the amount of sleep they are supposed to have before they drive.
All that being said, because of the unusual hours that truck drivers drive, very often, even if they meet the statutory requirements, their sleep rhythms are off. This discrepancy can cause devastating problems. For that reason, anytime they are tired, a truck driver is not supposed to drive. Someone who has suffered devastating injuries and extensive property damage after a tractor-trailer collision with a sleep-deprived driver should reach out to an adept McKinney truck driver fatigue accident lawyer.
Rules and Regulations Geared to Prevent Driver Fatigue
In general, the rules and regulations surrounding the trucking industry are created to prevent accidents and reduce fatigue. One of biggest rules is the hours of service rule. The rule mandates that the commercial driver after 10 hours of being off duty, may drive for up to 11 hours within a 14-hour window. However, they are typically required to take a 30-minute break before driving eight consecutive hours. They must also stop driving after accumulating 60 hours in 7 days or 70 hours in eight days. It is a complicated system to follow, but adhering to these regulations could significantly reduce the risk of a fatigued driver causing an accident. Additionally, the regulations are generally designed to require a minimum amount of rest in the work week.
Leading Cause of Driver Fatigue
The leading cause of driver fatigue is that drivers operate more hours than they are supposed to drive. The second is that they drive when they know they are not well-rested even if they are within the time limits allowed by law. A negligent driver may take on the risks of driver fatigue in order to maximize the amount of money they are paid. It is common for a driver to get paid more based on the number of miles they drive. They are typically not paid to take breaks or sleep. In many ways, this system may incentivize driving while experiencing fatigue and place a driver along with other motorists on the roadway for severe injuries following a crash.
Determining Liability in a Truck Driver Sleep Deprivation Collision Case
When a McKinney truck driver fatigue accident lawyer submits a case, they typically will assert the responsibility of both the driver and the trucking company. Whether the truck driver is an independent contractor or an employee does not generally matter when assessing liability in the Federal Motor Carrier Safety Regulations. Furthermore, an attorney could make allegations citing the directing responsibility of the trucking company for their negligence in hiring an unfit employee. For example, a trucking company may have hired someone that according to their own safety standards, should not have been hired due to issues in their background check or management situations. The company may have failed to identify a trucker’s history of moving violations. In most cases, a truck driver is supposed to submit their moving violations anytime they are incurred. The employer is supposed to conduct an audit of these infractions with the state and keep the driver’s qualifications on file. Failure to adhere to these measures could result in hiring driver’s who would otherwise be ineligible or poorly qualified.
Contact a Reliable Truck Driver Fatigue Attorney in McKinney
If you suffered significant injuries because a reckless truck driver chose to operate while sleep deprived, consult an experienced McKinney truck driver fatigue lawyer. They could review the factors surrounding your collision and work to hold the negligent parties accountable. Call today and arrange for an appointment to begin evaluating your legal options. Partnering with an attorney who understands these types of cases could substantially improve an injured person’s ability to secure fair compensation.