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How Attorneys Prove Truck Driver Fatigue

By: Fred Moore | Jul 9, 2024

Although most drivers make an effort to stay safe on the road, truck driver fatigue is often one of the leading factors in commercial vehicle crashes. At Moore Law Firm, our personal injury attorneys in Mobile, AL, understand the vital elements that go into proving truck driver fatigue. Our truck accident lawyers are dedicated to helping injured victims get the fair compensation they need and deserve after a crash.

Understanding Truck Driver Fatigue

Truck driver fatigue is a serious issue that plagues the transportation industry. Driver fatigue happens when a motorist becomes impaired due to lack of sleep, extended work hours, or inadequate rest. Fatigued drivers have slower reaction times, decreased awareness, and impaired judgment, making them more prone to accidents. According to the Centers for Disease Control and Prevention (CDC), truck drivers are more likely than other motorists to drive while fatigued.

Causes of Truck Driver Fatigue

Although federal regulations limit the hours a truck driver can be on the road, truck drivers are often under pressure to deliver goods quickly. Irregular schedules, insufficient rest, and sleep disorders can all cause fatigue that endangers everyone on the road. Because lack of rest is the most common cause of driver fatigue, a truck accident attorney must know how to gather and present relevant, effective evidence that proves this was the cause of a crash.

Truck Driver Fatigue Laws

The Federal Motor Carrier Safety Administration (FMCSA)

Because driver fatigue is a major factor in many truck crashes, the Federal Motor Carrier Safety Administration (FMCSA) has established regulations to combat drowsy driving, including Hours of Service (HOS) rules that limit the number of hours a driver can operate a commercial vehicle. These regulations are important in proving truck driver fatigue, as they offer a clear standard for acceptable driving hours and required rest periods.

FMCSA regulations state that a driver is permitted to drive up to 11 hours within a period of 14 consecutive hours, after being off duty for 10 hours or more. Drivers are not permitted to drive for more than eight hours without a 30-minute break. In addition, drivers are not allowed to drive more than 60 hours every seven days or 70 hours every eight days, depending on the specifics of their schedules.

Truck Driving Laws in Alabama

Alabama follows the Hours of Service rules established by the FMCSA. The Alabama Department of Transportation (ALDOT) and the Alabama Law Enforcement Agency Motor Carrier Safety Unit (MCSU) work collaboratively with the FMCSA to reduce accidents, injuries, and fatalities caused by driver fatigue and other issues.

Commercial drivers are required to pass medical and background screenings and hold a current CDL. Vehicles must undergo routine safety inspections, with specific guidelines for brake, tire, and other equipment standards. Trucking companies must also maintain comprehensive records of driver qualifications, vehicle maintenance, driving logs, and other relevant documents.

Drivers and companies who violate FMCSA regulations or Alabama law may be liable for any injuries, fatalities, or other truck accident damages caused by a fatigued truck driver.

Proving Truck Driver Fatigue

Proving any personal injury claim requires evidence, and driver fatigue cases are no different. One of the first things your truck accident attorney will do is gather valuable evidence such as:

  • Police reports – Police officers are trained to recognize when someone is fatigued or sleep-deprived. A police report documenting bloodshot eyes, obvious exhaustion, or a statement from the driver admitting they were tired can help create a solid foundation for a truck driver fatigue case. Police officers may also be interviewed or called to testify and provide a firsthand account of what they witnessed.
  • Logbooks and billed hours – Typically, commercial trucks manufactured are required by law to have Electronic Logging Devices (ELD), which can be used to demonstrate how many hours a trucker was on the road. If a truck doesn’t have an ELD, drivers are required to keep handwritten logbooks. Invoices from independent truck drivers who bill companies for the hours they’ve logged can also show how long they were driving. If logged or billed hours go beyond what FMCSA regulations allow, that is evidence of driver fatigue.
  • Black box dataTractor-trailers and other commercial trucks have “black boxes” much like airplanes, containing data that can be analyzed. This information can offer evidence of driver fatigue and other poor driving behaviors.
  • GPS history, receipts, and tolls – A truck accident lawyer may be able to create a timeline of where and when a trucker was on the road using this type of evidence.
  • Evidence of health issues or substance use – Records documenting health conditions, medications, or alcohol and drug use can also be factors in proving liability in a fatigued truck driving case.

Driver Avoidance and Time of Day

One of the most obvious signs of drowsy driving is evidence that shows whether a driver tried to avoid an accident. If an alert driver loses control or believes there’s potential for an accident, they’ll try to regain control of their vehicle or veer away from danger. However, if a truck driver is fatigued or has fallen asleep at the wheel, they may not notice the danger at all.

Witness statements, accident reconstruction, a detailed analysis of skid marks, and other evidence can often show whether a driver tried to stop or avoid an accident. Failing to try to avoid an accident is often a clear sign that a driver was too exhausted to operate their truck safely.

The time of day that a crash occurs can be another indication that driver fatigue played a part in an accident. Drivers who operate trucks from 1 a.m. to 5 a.m. are more likely to have been driving throughout the night, possibly without required breaks.

Your personal injury attorney will collect relevant evidence and identify all potentially liable parties in a truck accident case. They may employ accident reconstructionists, sleep specialists, and other experts to help them analyze data. They know how to put all the pieces of the puzzle together and create compelling arguments that prove driver fatigue and negligence.

A Truck Accident Attorney Can Protect Your Rights and Interests

If you’ve been involved in a truck accident, it’s vital to contact a personal injury lawyer as soon as possible. Trucking companies and their insurers often send investigators to the scene of a crash immediately. Don’t provide a statement, sign anything, or accept a settlement without speaking to an attorney first. A truck accident lawyer can evaluate your case, advise you of your options, and fight to help you recover the maximum compensation you need to protect your health and financial security.

Contact a Truck Accident Lawyer in Mobile, AL

Proving truck driver fatigue can be a complex undertaking. For nearly 40 years, Moore Law Firm has been dedicated to making things right for injured victims and providing compassionate legal support you can trust. Call us at 251-445-7602, use the convenient chat feature on our website, or contact us to schedule a consultation with a truck accident attorney in Mobile, AL, today.