Lawyers for Santa Barbara Truck Accidents Caused by Driver Fatigue
When truck drivers get drowsy at the wheel, this dramatically increases their chances of causing dangerous traffic accidents. About 13% of commercial truck drivers were fatigued when they caused a traffic crash. Fatigue makes it difficult for the brain to process information, causing exhausted drivers to doze off while driving. When truck drivers don’t get adequate rest, they are more likely to make serious errors that will increase their risk of life-threatening truck accidents.
The FMCSA helps prevent these mistakes from happening by requiring truckers to get rest after working a certain amount of hours. When truck drivers skip obligated breaks, this violates the FMCSA’s commercial policies. Because of a truck accident, you may be struggling with serious injuries that create a heavy burden on your finances. Once you’ve begun the recovery process, it is time to talk to a truck accident attorney to find out how much you can receive in compensation. Call Maho | Prentice Law now for a free consultation.
How Does Truck Driver Fatigue Occur?
A truck driver can experience fatigue for the following reasons:
Driving Without a Break
FMCSA regulations state that there is an 11-hour driving limit after ten consecutive off-duty hours. Truckers are not allowed to drive beyond the 14-hour driving limit after ten consecutive off-duty hours. They are obligated to take a 20-minute break after driving eight hours straight. Additionally, truck drivers can’t drive after 60 hours of duty on seven consecutive days and 70 hours on eight consecutive days. They are also required to take 10-hour off-duty periods. When truck drivers fail to follow these laws, they can cause truck accidents because they have a higher chance of falling asleep at the wheel.
Drugs
Substance abuse is another problem that truck drivers sometimes get involved in. Some truckers have been caught with drugs that greatly inhibit their ability to operate a vehicle responsibly.
Medication
Some prescription and non-prescription medications can also result in drowsiness. The truck driver should read the label and make sure there is no warning stating not to operate heavy machinery after taking the recommended dosage.
What Compensation Is Available in Truck Driver Fatigue Accidents?
After you’ve been in an accident caused by truck driver fatigue, you can claim the following economic and non-economic damages:
Medical Bills
All of your healthcare costs that were caused by the accident are included in your compensation. This includes current and future medical bills.
Lost Wages
The income you lost because you were unable to work will also be added to your total settlement. Your past and future lost income will be calculated by your attorney.
Property Damage
Trucks are massive vehicles and cause extreme levels of property damage when they hit other cars. Your settlement will include the cost of repairing or replacing your vehicle.
Pain and Suffering
Your injuries may have been so severe that you are struggling to cope with everyday activities. Pain and suffering damages are estimated based on sad emotions such as depression, grief, anxiety, PTSD, and other dark feelings.
Why do You Need A Truck Driver Fatigue Accident Attorney?
In order to prove that the truck driver was fatigued and caused your accident, your attorney will have to investigate your claim and put together your case. If you are dealing with injuries from the accident, it will be easier if your attorney does all the hard work for you. They will calculate how much you should receive in compensation after reviewing your case. This prevents you from receiving a settlement far less than you deserve from the truck driver’s insurance company.
Your attorney also works on a contingency fee basis which means you don’t pay unless you receive a settlement. With your attorney’s help, you can get a strong settlement claim with all the evidence you need. This allows you to overcome the objections that the other party might use to prevent you from receiving a fair settlement amount.
Speak to our team today to find out how we can represent you and guide you. Even if you partially contributed to the truck accident, it is possible that you can still receive compensation. Your attorney can build a case to help you get maximum compensation. Call Maho | Prentice Law for a free consultation.