Raleigh Truck Driver Fatigue Accident Lawyer
Truck drivers work long hours, often at night, and sometimes on extensive stretches of remote highway. These and other factors can make their work exhausting, and it’s not unusual for truckers to struggle to perform at their best. Unfortunately, driving while fatigued poses a significant danger not only to truck drivers themselves but also to everyone else on the road.
If you got hurt in an accident involving a fatigued truck driver, turn to Hardison & Cochran | Injury & Workers Comp Lawyers for legal support. Our firm can help you seek compensation for the injuries and losses resulting from the collision. Contact us today to arrange a free, no-obligation initial consultation with a Raleigh truck driver fatigue accident lawyer.
How Driver Fatigue Contributes to Truck Accidents in Raleigh
Driver fatigue puts other motorists, cyclists, and pedestrians at significant risk and plays a role in many serious truck accidents. Fatigue is a common issue among truck drivers due to long shifts, irregular sleep schedules, and the pressure to meet tight delivery deadlines. When a truck driver is sleep-deprived, their attention is more likely to drift, leading to slower reaction time and impaired decision-making. This can make it harder for them to recognize hazards, respond to changing traffic conditions, or maintain control of the vehicle.
In extreme cases, fatigue can lead to “microsleeps.” These brief, involuntary episodes of sleep may last only a few seconds, but at highway speeds, even a momentary lapse can be catastrophic. A fatigued driver might drift into another lane or fail to brake in time to avoid a collision. These errors are especially dangerous given the size and weight of commercial trucks.
Federal Hours-of-Service Regulations and Violations
The Federal Motor Carrier Safety Administration (FMCSA) has put in place a set of hours-of-service (HOS) regulations to limit how long commercial truck drivers can operate and require periods of rest to reduce fatigue. Complying with HOS regulations is not optional for drivers and carriers, and victims of accidents can cite violations of truck driver fatigue laws as evidence of a driver’s negligence or disregard for safety.
The following are some of the key HOS provisions that apply to property-carrying truck drivers:
- 11-Hour Driving Limit – Drivers may not drive more than 11 hours after at least 10 consecutive hours off duty.
- 14-Hour Duty Window – Once a driver begins work after rest, all driving and work must be completed within 14 consecutive hours.
- Mandatory Rest Break – A driver must take a break of at least 30 minutes after eight hours of driving time without a 30-minute break.
- Weekly Limits – Drivers are restricted to a certain number of on-duty hours over seven or eight days, and may use a longer off-duty period to reset these limits.
Who Is Liable for a Truck Driver Fatigue Accident?
Truck accident liability in cases involving driver fatigue doesn’t always rest solely with the driver. Depending on the circumstances, multiple parties may share legal responsibility for the collision and resulting injuries, including the following:
- The truck driver
- The trucking company
- A shipping or logistics company
- A truck maintenance provider
- A third-party driver
- The truck manufacturer
If a trucking company pressured the driver to violate HOS rules, or if faulty maintenance played a role in causing the crash, each party’s share of fault can affect the outcome of your case.
Proving Driver Fatigue in Raleigh Truck Accident Cases
Proving that driver fatigue contributed to a truck accident requires an in-depth investigation into the crash and access to records that aren’t easily available to the public. Because trucking companies often act quickly to limit their exposure, taking steps to secure this information early can make a critical difference in building a strong case.
An experienced attorney for drowsy-driving truck accident cases can begin by reviewing the driver’s logbooks and digital hours-of-service data to determine whether the driver exceeded legal limits or skipped mandatory breaks. Trucking companies are also required to maintain inspection and dispatch records, which can reveal unrealistic delivery schedules or signs of pressure to drive beyond safe limits.
In some cases, onboard electronic data from the truck may show erratic driving behavior before the crash. Witness accounts, accident reconstruction analysis, and signs of impaired alertness at the scene may also support a fatigue-related claim.
Compensation Available for Fatigue-Related Truck Accidents
You may be entitled to significant compensation after an accident, depending on the type and severity of your injuries. While the actual amount of compensation you might recover can vary widely, truck accident claims typically cover such losses as the following:
- Past, ongoing, and expected future medical expenses
- Lost income, including lost future earning capacity or potential
- Physical and emotional pain and suffering
- Diminished quality of life
- Property damage, such as vehicle repair/replacement
Deadline to File a Truck Accident Lawsuit
You don’t have unlimited time to file a lawsuit after a truck accident. Under North Carolina law, you have only three years in most cases to file your lawsuit, and the clock starts ticking on the day of the crash. Missing this deadline can result in the court dismissing your case, regardless of the strength of your evidence.
Because gathering records and building a claim takes time, it’s important to act quickly. Reach out to a Raleigh driver fatigue truck accident law firm as soon as possible to get started.
Contact Hardison & Cochran | Injury & Workers Comp Lawyers for a Free Case Review
At Hardison & Cochran | Injury & Workers Comp Lawyers, we understand the challenges that can arise in the aftermath of a collision with a truck. If the truck driver was fatigued or violated HOS regulations, let us put our 40-plus years of experience to work for you. We’ve recovered millions for our clients, including multiple seven-figure awards for people injured in truck accidents.
“I would recommend Hardison & Cochran to everyone and use them again if/when I ever need them! Very professional. Great with communication and overall just get the job done! They answered any and all questions I had to the fullest extent and I was more than happy with my results! Thank you Hardison & Cochran!”
– Lindsey B.
Ready to discuss your case with an experienced truck accident lawyer? Reach out to the team at Hardison & Cochran | Injury & Workers Comp Lawyers today to get started with a free, fully confidential consultation.
