Omaha Truck Driver Fatigue Accident Lawyer
Truck drivers are under enormous pressure to complete their deliveries on time. Unfortunately, this means that some drivers will drive while being overly tired. This is very unsafe and can cause a serious collision to happen. Dangers of driving while fatigued includes diminished reaction time, lowered ability to judge speed, inability to keep eyes open, falling asleep, wandering thoughts, and drifting in and out of lanes.
If you have been injured in a truck collision due to the other driver being fatigued, you may want to seek the services of an Omaha driver fatigue accident lawyer at Inkeelar Law. Call us today to schedule a consultation with a seasoned attorney to see what legal options you may have.
Rules and Regulations to Prevent Fatigue
Driving while too tired is a violation of the Federal Motor Carrier Act that carries a fine and, in the event of too many violations, the offender’s license may be restricted or taken away. Too many hours on the road during a day would cause a driver to violate the Federal Motor Carrier Act. Legally, a property-carrying driver is allowed to drive a maximum of 11 hours after 10 consecutive hours off-duty.
A truck driver’s work is regulated within a 24-hour period and a driver can only drive eight hours or less and then they are required to rest for a period of time. Also, there are limits on consecutive days that a driver can drive without rest. Under the federal hours of service rules, a driver of a commercial vehicle may not drive if they have been on duty for 70 hours in any eight consecutive days. To ensure that the driver is following the laws, the driver and their employer must keep a log of how many hours they were on the road. For more information about truck driving regulations, you can contact an Omaha driver fatigue accident attorney.
Leading Causes of Driver Fatigue
The most common reason for truck driver fatigue that leads to a wreck is the truck driver ignoring the hours of service rules by driving more than the allowable number of hours within a 24-hour period. Causes that may lead to drivers being unduly fatigued include the flow of traffic, driving at night, sleep deprivation, inattention, and the stress placed on the driver by the company to get a high number of deliveries completed within an eight-hour period. The liability in a truck accident case can be increased for a company that is forcing their driver to work an unreasonable number of hours. In a situation like this, liability could be assigned in a higher percentage to the company contributing to comparative fault in the case.
Common Accidents Associated with Fatigue
Due to the size of commercial trucks, the truck’s impact in an accident can be severe and cause serious injuries. The most common types of collisions that driver fatigue can cause include:
- Head-on collisions;
- Hitting Pedestrians;
- Inappropriate lane change accidents;
- Improper signaling accidents; and
- Accidents as a result of limited stopping distances.
Assigning Fault
Assigning fault in a fatigue-related accident can be complex, which is why it is essential that you seek the services of a well-trained Omaha driver fatigue accident lawyer at Inkeelar Law. If the trucking company is found to be responsible, then the fault is split equally between the truck driver and the company. An independent contractor who is self-employed would be responsible for the accident individually. A truck driver could be completely absolved of responsibility in a truck accident if they did not contribute to the accident and the collision was an unavoidable event.