Truck Accident Liability for Fatigued Driving

Truck Accident Liability for Fatigued Driving

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 company’s tactics.

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 (417) 855-2022.

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