Truck drivers face unique working conditions that make them particularly susceptible to fatigue. Given the size and weight of commercial trucks, even a momentary lapse in attention can have catastrophic consequences. If you have been injured in an accident caused by a fatigued truck driver, experienced Las Vegas trucking crash lawyers can help secure the compensation you deserve.
Fatigue impairs a driver’s ability to operate a vehicle safely in several ways:
Reduced Reaction Times
Fatigued drivers take longer to respond to sudden changes, such as vehicles stopping ahead or debris on the road.
Impaired Decision-Making
Exhaustion affects judgment, increasing the likelihood of errors, such as speeding, tailgating, or missing road signs.
Microsleeps
Drivers may experience brief, uncontrollable lapses in consciousness known as microsleeps, which can last just a few seconds. At highway speeds, even a brief microsleep can result in devastating collisions.
Studies show that drowsy driving can have effects similar to drunk driving, significantly impairing concentration and motor skills.
The truck driver is often the primary party held responsible for accidents caused by fatigue. Drivers have a duty to operate their vehicles safely and to comply with Hours of Service (HOS) regulations set by the Federal Motor Carrier Safety Administration (FMCSA). If the driver exceeded the maximum allowable driving hours, falsified logbooks, or ignored warning signs of fatigue, they can be found negligent and liable for the accident. Additional potentially liable parties include:
The Trucking Company
The trucking company may share responsibility if they pressured the driver to meet tight deadlines, failed to monitor compliance, or hired unqualified drivers.
Third Parties
In some cases, third parties may contribute to the accident and share liability. For example:
Truck or Equipment Manufacturers
If a defect in the truck or its components played a role in the accident, the manufacturer could be liable.
Shippers or Brokers
In some cases, shippers or brokers who hired the trucking company may be liable if they pressured the company or driver into violating HOS regulations to meet unrealistic delivery deadlines.
Trucking companies and insurers often try to minimize their liability by shifting blame or withholding evidence. An experienced attorney can investigate the accident and gather critical evidence, such as driver log books, black box data, and maintenance records, to prove fatigue played a role.
They will identify all liable parties, including the driver, trucking company, or other entities, and ensure evidence is preserved with tools like spoliation letters. A lawyer will negotiate with insurance companies to secure fair compensation or take your case to court if necessary. By handling the legal complexities, your attorney allows you to focus on recovery while ensuring the responsible parties are held accountable for their negligence.
If you or a loved one has been involved in a truck accident caused by a fatigued driver, contact Harris & Harris Injury Lawyers to arrange a free consultation. Call (702) 384-1414 or message us online today.