Driver fatigue is one of the most common causes of truck accidents in Texas and throughout the United States. The National Highway Traffic Safety Administration reported in its Large-Truck Crash Causation Study that truck driver fatigue is associated with 13 percent of all single-vehicle truck accidents and with 8 percent of all truck wrecks. When tired truck drivers get behind the wheel, they can inflict serious injuries on other drivers and passengers, leading to lifelong injuries and major financial consequences.
Truck accidents killed 581 people and left another 1,245 people with serious injuries in Texas in the most recent year for which data is available, according to records from the Texas Department of Transportation. Driver fatigue was undoubtedly a major factor in many of these crashes.
If you’ve been involved in an accident with a fatigued truck driver, the New Braunfels truck accident lawyers at the Burch Law Firm can help. We’ve recovered millions in compensation for our clients and have more than 30 years of experience handling these kinds of cases. Find out more by contacting our office for a free initial consultation.
How the Burch Law Firm Can Help with Fatigued Truck Driver Accidents
It can be challenging to prove fatigue caused your truck accident. This is one reason why it’s so important to get help from a knowledgeable truck accident attorney. The personal injury lawyers at the Burch Law Firm have years of experience handling truck accident claims, so they know how to find the necessary evidence to build a strong case for compensation.
While you’re recuperating from your injuries, we can help by:
- Gathering evidence
- Documenting your injuries
- Filing your claim in a timely manner
- Initiating settlement negotiations with the truck company and their insurer
Should those negotiations fail to produce a reasonable settlement agreement, we’ll be more than ready to bring your case to court so you can pursue the money you need for your injuries.
Hours of Service Regulations
To help combat the problem of truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has put rules in place that govern how many hours a truck driver can work per week and how much rest they need before getting back behind the wheel. These rules are known in the trucking industry as Hours of Service regulations. They outline regulations, such as:
- Drivers can work for up to 14 hours after coming on duty and after being off-duty for at least ten straight hours. This 14-hour window starts when the driver begins any work-related activity, whether or not they’re driving.
- Once the 14-hour window begins, drivers can only be behind the wheel for up to 11 hours.
- Drivers must take a break of at least 30 minutes if it’s been eight hours since they last took a 30-minute break.
- Drivers can only work for up to 60 or 70 hours over the course of seven or eight consecutive days, respectively.
How to Prove a Drowsy Truck Driver Caused the Accident
One reason why truck accident cases involving driver fatigue can be a challenge to win is that there’s no physical test for fatigue like there is for driving while drunk. While there are rules that truck drivers are supposed to follow to make sure they get enough rest, proving that a driver broke those rules isn’t as simple as a blood test or a breath test. Instead, you’ll have to rely on indirect evidence to make your case for compensation.
While drowsy truck drivers are the cause of many accidents, proving a driver was fatigued before an accident can be a challenge. Some indirect evidence that’s commonly used to establish that a fatigued truck driver was responsible for a crash includes:
- The truck driver’s logs – Drivers are required to keep detailed records of when and where they stop along their delivery routes. If the route shows that the truck driver did not give themselves enough rest, or if there’s a discrepancy in the records, it may indicate that the driver was drowsy or is falsifying their records.
- The truck’s electronic data recorder – Most trucks are now built with a device that measures that vehicle’s speed, direction, route, and other data as the truck is moving. This data can help demonstrate when the driver last stopped for a break and for how long.
- Toll receipts – The time stamp on a truck driver’s toll receipts can help indicate how long the driver was behind the wheel and how long they waited before stopping to rest.
- Eyewitnesses – You or another driver may have seen the truck driver nodding off behind the wheel or showing other signs of fatigue.
- Medical records – It could be that the truck driver has a sleep disorder or another medical condition that makes them more susceptible to fatigue. These records can be difficult to obtain, but they’re often crucial in helping you get fair compensation for your injuries.
Possible Compensation Available in a Fatigued Truck Accident Case
Texas law allows truck accident victims to recover substantial compensation for their injuries after a crash for damages they sustained, such as:
- Lost wages
- Reduced capacity to work and earn a living
- Medical bills
- Damage to their vehicle and personal property
- The cost of transportation to attend your medical appointments
- Pain and suffering from your injuries
One thing to know about truck accident claims in Texas is that you can recover compensation even if you are found partially liable for a crash. Texas’ comparative negligence doctrine in personal injury cases means that as long as you do not bear the majority of the fault for the accident, you can be compensated for your injuries. However, if you are found partially liable for an accident, your compensation will be reduced by your percentage of responsibility.
Contact Troy Burch for Help
Truck accident victims often suffer more severe injuries than they would have in a car accident, making it all the more important to get a knowledgeable lawyer who can help you pursue fair compensation for your losses. At the Burch Law Firm, our dedicated truck accident lawyers offer personal attention to each case. We have over a quarter-century of experience in personal injury law we will put to use to pursue the fair compensation you deserve. Contact the Burch Law Firm today for a free initial consultation with one of our knowledgeable attorneys.
