skip to Main Content

Media post: How to Prove a Truck Driver was Fatigued

Truck drivers are responsible for providing long-distance delivery safely while following traffic laws. After you’ve been in a bad truck accident because of truck driver fatigue, you’ll want proof that they were at fault for your damages. This is so that you can obtain fair compensation for all the injuries you suffered due to their negligence. According to Agruss Law Firm, here are ways that you can prove that a truck driver was fatigued and the cause of your recent accident:

Violation of Hours Of Service

Truck drivers have strict rules requiring them to take regular breaks. If the truck driver violated the hours of service required by the FMCSA, they can be held liable for your injuries. The FMCSA requires that truck drivers take a 30-minute break after driving for 8 hours of cumulative driving without interruption. They can only skip this break if they’ve stopped for a period of 30 minutes off the road. In addition to this, a truck driver may only drive a maximum of 11 hours after being off-duty for 10 consecutive hours. Truck drivers cannot drive past the 14-hour limit even if they’ve been off duty for 10 consecutive hours. They also may not drive more than 60 hours if they were on duty for 7 days and 70 hours after 8 consecutive days. They would have to take 34 hours of time off duty before returning to their shift.

Police Report

Police officers are very wise, and it is their job to identify potential problems that lead up to a traffic accident. When a police officer interviews each person after an accident while filing a police report, they may pick up on strange behavior exhibited by the truck driver. The police officer can recognize sleep deprivation. They may notice that the truck driver is yawning, has bloodshot eyes, is mumbling or stuttering, or is nodding and unable to stay awake. These are strong signs that the truck driver is suffering from fatigue.

Truck Drivers’ Log Book

Every truck driver must submit their activities to their logbook and check-in at every warehouse they stop at. The logbook can reveal how frequently a truck driver took breaks and if they skipped breaks. Check-in reports at warehouses can also share how fatigued a truck driver is because the warehouse attendants may note in the report if the truck driver was acting strangely.

Employee History and Driving Record

Your truck accident attorney can also decide to get the truck driver’s employment history and driving record to find out if fatigue was a frequent occurrence. If the truck driver was previously reprimanded for violating the terms of the FMCSA, then this can be used as supportive evidence that the truck driver is likely to be at fault. This is also the same for the driving record of the truck driver, which may hold a history of citations and other traffic violations that the truck driver was punished for.

Get The Help You Need After A Truck Accident

If you believe you experienced a truck accident because of driver fatigue, speak to an attorney about what happened. You may have noticed yawning, head bobbing, and the truck swaying on the road. Your attorney can launch an investigation to find out how to prove you are not liable for your damages.

Leave a Reply

Back To Top