The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations,
requiring truck drivers to take regular rest breaks. In fact, truck drivers
are allowed to drive a maximum of 11 hours in a row after taking 10 consecutive
hours off. It is against regulations to drive beyond the 14th hour after going on duty. Clocking in more than 60 hours in a week or
70 hours in 8 days is also not permissible. With such strict regulations,
one would think truck driver fatigue is not a major issue, but these rules
are broken all the time.
Who is Liable?
The fatigued truck driver can be held liable since he or she owed a duty
of care to others on the road to drive safely and breached this duty by
driving while fatigued, causing injury to another person. However, the
trucking company can also be held liable as well. Trucking companies must
monitor their drivers and require them to keep logbooks, detailing their
hours of service for each period of 24 hours. They are also required to
test their drivers for substance abuse, such as drugs and alcohol, and
ensure they have proper licensing. If a trucking company either fails
to monitor their drivers or fails to act on the signs of a driver who
might be impaired can be held liable due to negligence if their driver
is involved in a crash.
Unfortunately, it can be rather difficult to prove a trucking company’s
liability in such accidents. Many of them fail to preserve the evidence
required to do so and there have even been cases in which trucking companies
deliberately destroy pertinent evidence, or alter it to hinder a victim’s
ability to secure compensation.
While it might seem like an insurmountable challenge to go up against a
trucking company, the right attorney can help ensure your right to pursue
justice and compensation for your injuries is not threatened by a trucking
Springfield Truck Accident Lawyers
Trucking accidents are usually severe, given the sheer size of these commercial vehicles,
often causing catastrophic injuries or even death. You are not powerless
against negligent trucking companies or their drivers, however, and can
hold multiple parties liable to obtain the compensation you deserve and
need to move forward with your life and recover from this experience.
For a free consultation with a skilled member of our Springfield legal
team, contact us today at