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Fatigue is a major safety concern not just for truck drivers but for all motorists. From 2009 to 2013, according to the NHTSA (National Highway Traffic Safety Administration), there were more than 72,000 accidents that involved fatigued drivers.1
Fatigue can be caused by a variety of factors, including but not limited to:
- Insufficient Sleep
- Drowsy Driving
- Driving Too Many Hours Without a Break
- Job Pressure to Make Deliveries on Time
- Boredom
- Day Dreaming
- Illnesses
To help combat the potential dangers of driver fatigue, the FMCA (Federal Motor Carrier Administration) now requires commercial truck drivers and bus drivers to start recording their time on and off duty using approved electronic devices as of December 2017.1 Even with this new requirement, there can still be truck accidents caused by fatigued drivers.
Establishing Truck Driver Liability
The causes of a truck accident are investigated by the police. Their findings can be a vital component when consulting with a truck accident lawyer to determine liability and whether you have grounds for filing a lawsuit.
If it can be established that fatigue was indeed the primary cause of the accident, then, in most cases, the truck driver would be held liable for resulting personal injuries and property damage. Other reasons why the truck driver would be liable is if they were operating the truck under the influence, texting and driving, or driving in an unsafe and dangerous manner.
Who Else Could Be Liable for Truck Accidents?
In some cases, the trucking company, owner of the truck, trailer owner, or cargo loader could be held liable for truck accidents. Trucking companies or owners that fail to perform and maintain their vehicles could be liable for equipment failures that result in an accident.
Trucking companies that require drivers to meet unrealistic deadlines which could contribute to their fatigue could also be held liable. Additionally, cargo loaders could be held liable in cases where the cargo was not loaded correctly in the trailer.
Proving that another party besides or in addition to the truck driver is liable can be difficult to do on your own. This is why it is highly recommended to obtain expert legal advice and assistance from a qualified truck collision lawyer.
How Modified Contributory Negligence Affects Liability
In Texas and other states, modified contributory negligence is used to determine fault and liability. This means, even in “no-fault” states, a certain percentage is assigned to each party involved in the truck accident. If both parties are equally negligent, then neither one can sue the other.
However, if one party is 51% or more negligent for the accident, then the other party can sue and claim damages minus their percentage of negligence. To illustrate, you are found to be 25% at-fault for a truck accident. You can sue the other party for 75% of the total settlement you would otherwise be entitled to receive.
Truck accidents often result in serious if not deadly injuries. Driver fatigue is a growing issue not just with truck drivers, but all motorists. If you or someone you care about has been involved in a truck accident, car accident, or motorcycle accident, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713-574-5089 now!
Our big rig accident attorneys are available 24/7 to provide a free consultation to answer your questions and provide legal advice.
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