When a driver feels too tired to drive, they should take a break. However, not every driver does this; some may not even realize they are fatigued, while others ignore the fact that they feel tired and sleepy and choose to drive, putting other road users' lives at risk.
There is always a high probability that a fatigued driver is likely to cause an accident. If a fatigued driver caused your car accident, you can choose to work with the best personal injury law firms to claim for injuries or damages they may have caused you. If you were driving a small vehicle and were involved in an accident with a truck, the probability that the truck will lead to severe injuries would be unquestionable.
Proving A Trucking Driver Is Fatigued
If your car accident case is based on a fatigue driving accident, it’s vital to understand how fatigue impairs one’s cognitive ability. This could be the ground for the truck driver’s legal liability. Though there is no test to determine whether a driver was fatigued, there are still ways to spot certain behavior that could lead to the conclusion that their driving skills were impacted at the time of the accident. They include:
- Abnormal speeds, being slow or speeding
- Delayed reaction time
- Poor judgment or impaired decisions
An experienced lawyer can help prove whether driver’s fatigue would be a factor in your claim.
Liability For Trucking Accident Resulting From Driver Fatigue
You can file a personal injury claim against the driver or the trucking company. The company may have forced the driver to operate beyond normal hours of service, or the driver could have indulged in drugs, which made them fatigued. In any way, having the right evidence would mean getting the best compensation. You can prove liability under the below methods:
- Violation of hours of service:According to Federal Motor Carrier Safety Administration (FMCSA), there are set rules on hours a truck driver should work. When such is violated, a driver is likely to be fatigued. Your lawyer can request electronic records, employee data, or any other records to determine whether hours of services were violated.
- Police reports:A police officer may plainly state that the truck driver had symptoms of fatigue. Any other information included in the report may pave way to establish liability.
Speak With A Seasoned Trucking Accident Lawyer
A trucking lawyer poses the knowledge needed to prove that fatigue contributed to your injuries. This may seem easy, but your lawyer has to uncover cold facts on how the fatigue may have resulted in your injuries. Fatigue may be described in many different ways. Thus without legal representation, one may find it hard to convince the insurance company of their insured fatigue.
Your lawyer can not only evaluate fatigue but may also be concerned with other aspects that may be applied to prove liability in your case. For any questions constituting negligence based on a fatigued driver, you may speak to a lawyer who has handled similar cases.