Driving a commercial truck while tired poses significant dangers for truckers and other drivers alike. Fatigue impairs a driver’s reaction time, decision-making abilities, and overall alertness, which can increase the risk of truck accidents. Truck drivers routinely face long hours, monotonous routes, and tight schedules, which can all lead to fatigue. This may result in brief, involuntary episodes of sleep while behind the wheel, during which time drivers may lose control of their rigs. If you were involved in a truck accident in Indiana and suspect the at-fault driver was tired behind the wheel, you’ll need an experienced personal injury attorney who can build a solid case and prove that fatigue was a factor in the accident.
According to the Federal Motor Carrier Safety Administration (FMCSA), an estimated 13 percent of commercial motor vehicle (CMV) drivers were considered to have been fatigued at the time of their crash. Despite strict federal regulations related to fatigued driving, negligent trucking companies often force drivers to continue driving even when they’re tired. In addition, drivers themselves may intentionally exceed their allotted hours in an effort to meet deadlines and expedite their routes. When fatigued driving is suspected, your attorney may investigate the following areas of interest:
• Electronic Logging Devices (ELDs) or Service Logs – A truck driver’s log books and data from ELDs can potentially reveal violations of hours-of-service regulations, which can indicate that a driver exceeded the legal driving hours without adequate rest.
• Surveillance or CCTV Footage – Acquiring footage from traffic cameras, dash cams, or nearby businesses can assist in showing a truck driver’s behavior leading up to an accident.
• Driving Records – Reviewing a truck driver’s employment records, schedules, and previous driving history can identify any patterns of past fatigue or overworking.
• Witness Statements – Collecting statements from other drivers, passengers, or bystanders who may have observed signs of fatigue, can confirm if the truck was swerving or performing erratic maneuvers before the accident.
• Accident Reports – Your attorney may review police reports and accident reconstructions, which may include observations from officers at the scene regarding the driver’s condition.
The above factors are not all-inclusive and pursuing a truck accident claim will require a thorough investigation of your case. Uncovering evidence of fatigued driving can help you receive an adequate settlement for your injuries and losses. Time is of the essence in these types of cases, so consulting with an attorney in a timely manner is extremely important.
If you or a loved one have been involved in a truck accident in Indiana, contact Hurst Limontes to discuss your options. We have many decades of combined experience fighting for clients in complex truck accident cases. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.