Wednesday, June 24, 2015

Despite Regulations, Fatigue Remains Common Cause of Trucking Accidents





The government has imposed a series of restrictions on the amount of time big rig drivers may spend behind the wheel. According to the Federal Motor Carrier Safety Association (FMCSA), restrictions include:

  • Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
  • Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
  • Drivers may drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes.
  • Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. 

Drivers must also keep a record of service in case there are any questions whether the driver violated any of the restrictions. In addition to hours-of-service rules, there are laws setting out inspection, repair and maintenance of trucks, transportation of hazardous materials, and truck size and weight route designations.

If a truck driver drives beyond these hours and his fatigue is deemed a factor in an accident, the driver, the truck owner/operator and the company that employed the driver may all be liable for the accident.
Most recently, a Tennessee semi-tractor trailer driver fell asleep behind the wheel before causing a 12-vehicle accident on I-55, according to Illinois State Police. Five people were transported to local hospitals for treatment with non-life threatening injuries.  An additional nine people were treated at the scene. In addition to being charged with driving while fatigued, the truck driver was also charged with brakes out of adjustment, 14-hour rule violation, false report of duty status, and failure to reduce speed to avoid an accident.

If you or a loved one have been injured in a truck accident that you believe was caused by truck driver fatigue, you may be entitled to receive compensation for damages incurred, such as current and future medical bills, lost wages, physical pain and emotional anguish. It is important to contact an experienced attorney who can assess the facts of the case and help determine who bears liability.

Between injuries, lost wages, and dealing with a lengthy litigation process, the aftermath of a truck accident can be an emotional and financially devastating time. Lawsuit funding can provide the money you need to pay bills and keep your family protected while your case winds through court.

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If you were injured in trucking accident that wasn’t your fault and struggling financially while waiting for your case to settle, you may want to consider a risk-free cash advance from Lawsuit Financial.

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