There are many dangers when a truck driver is driving while fatigued. Driving while overtired can lead to slower reaction times, inability to pay attention to the road, and they could fall asleep behind the wheel. An overtired driver could run off the road or be involved in an accident due to not paying proper attention from a lack of rest.
A Richmond truck driver fatigue accident lawyer can help you recover compensation if you were involved in a collision with an overtired truck driver. Reach out to an experienced truck accident attorney today to begin working on your claim.
One of the reasons why hours on the road are regulated is to prevent drivers from trying to choose to make more money over the safety of other drivers on the roadway. The rules and regulations in place to prevent truck driver fatigue are hours of service limits that require drivers to take brakes and to only drive within certain windows of time. A commercial motor vehicle driver may drive up to 11 hours per day within a certain time frame. In most circumstances, once this period of time has been exhausted, the driver has to be off-duty for ten consecutive hours until they are eligible to drive again.
The cause of driver fatigue could influence assigning liability. If a driver is fatigued because they have been working a great deal, but they are following the regulations, then it may be incumbent on the driver to know when they are too tired to operate. Likewise, if the driver is operating within the regulations and an accident occurs because that driver does not pay attention to their body when they need to take a break, the driver could be found responsible even though they are within the regulations.
If the crash results when an employer or dispatcher is not following their own regulations in terms of how much time that driver is supposed to be off, the dispatch company or the motor vehicle carrier could have some additional responsibility for asking the driver to perform jobs while also enticing the driver to violate federal motor carrier safety regulations designed to prevent fatigue.
If the trucking company is found to be responsible, responsibility is also placed upon the driver. In Virginia, both the trucking company and the driver could be found responsible. In that case, they would be jointly and severally liable for the damages, meaning that either the trucking company or the driver could be held responsible for the full amount of the damages as a result of the negligent operation of the motor vehicle.
A seasoned truck driver fatigue accident lawyer in Richmond could help with establishing liability and recovering damages.
One of the most common types of accidents a fatigued truck driver could cause is a rear-end collision. This is due to the truck driver not being able to react and stop in time before hitting the back of another vehicle. An overtired truck driver could cause a side-impact collision or a lane-change crash because of their lack of focus on the road. A fatigued driver could miss a traffic sign and then cause a wreck at an intersection. Also, an overtired truck driver may run off the road if they doze off. When someone is driving while overtired, they can cause significant accidents and catastrophic injuries.
An accomplished Richmond truck driver fatigue accident lawyer could fight for your right to compensation if you were injured in a wreck. As soon as an attorney is obtained, they can begin collecting and preserving evidence, making sure you are getting the medical care you need, and handle discussions with the insurance and trucking company.