Driving While Exhausted Is Unacceptable Under All Circumstances
Driving while fatigued is always a bad idea, but a fatigued truck driver can be much more dangerous. Truck drivers sleep an average of five hours a night. Therefore, if you are involved in an accident with a truck driver, your truck wreck attorney will want to prove that the driver was fatigued.
Truck Drivers Can Be Fatigued for Many Reasons
Truck drivers must follow "hours of service" regulations that limit how long the driver can be on the road. However, even if a driver is following these regulations, they might be fatigued. The driver might work another job or might simply not be sleeping enough due to insomnia. The driver might also be fatigued because they took a medication that causes them to feel tired.
You Must Prove Negligence in a Truck Accident Case
To receive compensation for the accident, you must prove that the other driver is at fault. However, after you are involved in an accident with a truck, you might not even know where to begin your investigation into the driver. For this reason, you'll need to turn to a truck wreck attorney.
Tired Drivers Can Be Found Negligent
For your truck wreck attorney to help you receive compensation for your injuries, you will need to prove that the truck driver had a duty of care, they breached the duty of care, you became injured, and you suffered damages as a result. Therefore, if the truck driver was not negligent, your truck wreck attorney may not be able to reach a settlement.
However, if your attorney is able to prove that the truck driver was negligent, they may be able to help you reach a settlement. When a driver is exhausted, they should pull over or head to a nearby truck stop and rest until it is safe for them to drive. Your truck wreck attorney may be able to determine if the truck driver was fatigued based on the actions he took.
How to Prove That the Driver Was Fatigued
If the truck driver did not stop their vehicle in time to avoid a collision with your car, this could be due to driver fatigue or could at least be due to the driver being distracted.
It's important for your truck wreck attorney to have an expert witness examine the scene of the accident because not every fatigued driver will have committed a "hours of service" violation. But with help from the right legal professional, you will be able to receive the compensation you deserve.
Contact a company like Frenkel & Frenkel for more information.
