The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations, requiring truck drivers to take regular rest breaks. In fact, truck drivers are only 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. When trucking companies put profits over the safety of other drivers, innocent people have their lives changed forever.
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Who is Liable for Fatigued Truck Driving Accidents?
The truck driver can be held liable since he or she owed a duty of care to others on the road to drive safely. By breaching this duty and driving while fatigued, the driver caused significant injury to another person, or in some cases. wrongful death.
However, the trucking company can 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 the use of drugs and alcohol, and ensure they have proper licensing. If a trucking company fails to either monitor their drivers or take action when a driver violates FMCSA guidelines, they can be held liable for the damage caused in the truck accident.
Proving Liability in Accidents Caused by Tired Truckers
Unfortunately, it can be rather difficult to prove a trucking company’s liability in fatigued driver accidents. Many of them fail to preserve the evidence required necessary to prove liability, 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.
You are not powerless against negligent trucking companies or their drivers. The team at Strong-Garner-Bauer has been aggressively fighting for the rights of injured people in Missouri since 1976. We have the skill and resources to hold commercial trucking companies accountable for their negligent actions and recover the compensation you need to move forward with your life and recover from this experience.
For a free consultation with a skilled member of our team, contact us today at (417) 855-2022.
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