Driving a truck is a taxing job that requires alertness. However, truck drivers often travel long distances without adequate rest, which affects their physical and mental state. Although there are laws regulating the time truck drivers spend on the road, the need to meet deadlines causes them to drive longer, harming their physical state.
When truck drivers are in an extremely tired state, they are said to be fatigued. Fatigued driving has been likened to driving under the influence and is a leading cause of truck accidents. If fatigue causes a truck accident, the victim can seek compensation, but proving fatigue is not easy.
So, how do you prove driver fatigue in a truck accident claim, and what causes driver fatigue? We provide the answer in this blog. For more information on truck accident claims caused by fatigue, call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000. We will address your concerns and inform you of your legal options.
Why Choose Our Truck Accident Lawyers to Represent You in a Truck Accident Claim?
At Terry Bryant Accident & Injury Law, our truck accident attorneys have represented truck accident victims all over Texas. We have extensive knowledge of the applicable state and federal laws, including the Hours of Service (HOS) regulations set by the Federal Motor Carrier Safety Administration (FMCSA). We will gather all the relevant evidence needed to prove fatigue and other contributing factors to the accident.
We will aggressively pursue compensation from the truck driver and any other negligent party, like the trucking company that placed them on a tight deadline. We have successfully recovered significant settlements and verdicts totaling more than one billion dollars for our clients and have a 98% positive online rating. We offer free consultations and welcome the chance to discuss your case. Contact us now to learn more about how we can serve you.
Our dedicated legal and support staff will devote their time to your case and fight relentlessly to achieve the best possible outcome.
Causes of Texas Truck Accident Driver Fatigue
The following are the commonly known causes of driver fatigue:
- Violations of the Hours of Service Regulations: Violating the Hours of the Service Regulations is a common cause of fatigue. Truck drivers who ignore the rules spend longer than necessary on the road without proper rest, which can ultimately cause an accident.
- Sleep Deprivation and Poor Sleep Quality: Truck drivers often get insufficient sleep due to long work hours, irregular schedules, and uncomfortable conditions (such as in their truck cabin). Also, sleep disorders like sleep apnea contribute to chronic fatigue.
- Driving at Night and Circadian Rhythm Disruptions: The human body has a natural sleep-wake cycle called the circadian rhythm. This cycle makes it difficult to stay alert during nighttime hours. So, when truckers drive overnight, they are more likely to experience microsleeps (brief, involuntary lapses in attention) and slower reaction times.
- Use of Stimulants and Medications: Some drivers rely on caffeine, energy drinks, or illegal stimulants to stay awake and drive for longer. While these substances provide temporary alertness, they can cause sudden crashes in energy levels, leading to extreme drowsiness.
In addition, driver fatigue can be caused by a lack of adequate rest areas, highway hypnosis, and poor health and lifestyle choices.
Texas truck accidents caused by driver fatigue are avoidable if drivers get adequate rest when they should. However, if they fail to and cause a collision, we will prove they were fatigued and hold them accountable for your injuries.
Proving Truck Driver Fatigue After a Truck Accident in Texas
Establishing driver fatigue in a truck accident claim is crucial to success. Below are the ways we prove fatigue:
Reviewing Hours of Service Logs
Reviewing the truck driver’s Hours of Service logs will reveal whether they were on the road longer than stipulated. Reviewing the logs involves checking the Electronic Logging Device (ELD) containing the driver’s driving hours. If the driver uses a manual logbook, we will check it and match it with the truck company’s dispatch record to see if there is falsification or inconsistency.
Obtaining Black Box Data
Most commercial trucks have an Electronic Control Module (ECM) or black box that records data. The black box records:
- Driving hours before the crash
- Speed and braking patterns
- Sudden lane changes or swerving (indicating drowsiness).
If the black box data shows erratic driving or prolonged driving periods, we can use it to show the truck accident was caused by driver fatigue.
Examining Driver’s Schedule and Company Policies
We’ll examine the driver’s schedule and truck company policies to see if they set unrealistic deadlines. Unrealistic deadlines mean the driver might have been forced to exceed the legal limits. Also, if the company has a history of asking drivers to skip rest stops to meet deadlines, we’ll use it to prove the driver’s fatigue.
Eyewitness Testimony and Video Footage
Eyewitnesses can provide helpful information, like whether the truck swerved or drifted before the accident. If they saw the driver yawning or looking drowsy, it points to fatigue. Similarly, video footage from dashcams, security, or traffic cameras can show if the driver had slow reaction times, delayed braking, or drifted from their lane.
Police Report
The police report is crucial to proving truck driver fatigue. The officer who responded to the crash scene will document whether the driver had bloodshot eyes, was yawning, or had slow speech. The report will also contain any admission of fatigue by the truck driver.
In addition to the above, we can use the truck driver’s medical history to prove fatigue in cases of suspected sleeping disorders or prescription medications that cause drowsiness. Finally, testimony from fatigue experts, sleep disorder doctors, and accident reconstructionists helps prove driver fatigue in a truck accident claim.
You Can Trust Us With Your Case
When a truck driver fails to get adequate rest and causes an accident due to fatigue, they have breached their duty of care to you, and you deserve compensation for your damages. Our team at Terry Bryant Accident & Injury Law will fight for maximum compensation. We know how devastating truck accidents are, and we will aggressively go after the negligent truck driver and their employer to get you justice.
We will ensure that your economic and non-economic damages are accounted for and that you receive fair compensation. You don’t have to worry about the cost of legal representation, as we work on a contingency fee basis. This means we get paid a percentage of the compensation we recover for you. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
