Truck driver fatigue is a serious concern on the roads, and it can lead to devastating accidents and injuries. If you have been involved in an accident with a truck in California and suspect that the driver was fatigued, it is crucial to gather evidence to support your claim. Many injured individuals may be unaware of what they should do or who they should turn to for assistance in their case. The best resource to turn to in your time of need is a knowledgeable lawyer. They will take on your case and help you gather evidence, protect your rights, and more.

How to Prove a Trucker Was Fatigued While Driving

1. Hours of service – The Federal Motor Carrier Safety Administration (FMCSA) has well-established Hours of Service (HOS) regulations to prevent truck driver fatigue. These regulations are in place to dictate the maximum number of hours a truck driver can be on duty and the required rest periods. Requesting the truck driver’s logbook or electronic logging device (ELD) records can provide crucial evidence of their compliance with HOS regulations. Analyzing these records can reveal any violations, such as excessive driving hours or inadequate rest breaks, supporting your claim of driver fatigue. 

2. Witness statements – Eyewitness testimony can be instrumental in proving truck driver fatigue. If there were witnesses present at the scene of the accident, their accounts could provide valuable insight into the driver’s behavior. Witnesses may have observed signs of fatigue, such as yawning, nodding off, or erratic driving. Collect contact information from witnesses and work with your attorney to interview them and gather their statements, which can strengthen your case.

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Truck accidents can potentially cause catastrophic damage and severe injuries due to the sheer size and weight of commercial vehicles. One significant contributing factor to truck accidents is falling cargo. When cargo is not properly secured or loaded, it can shift or fall during transit, leading to hazardous situations on the road. If you were injured in a trucking accident involving falling cargo, contact a lawyer, as you may be entitled to compensation.

Dangers of Falling Cargo

Falling cargo poses numerous risks on the road, including:

• Impaired visibility – When cargo falls from a truck, it can obstruct the driver’s view, making it challenging to navigate and react to sudden changes in traffic or road conditions. This limited visibility can result in collisions with other vehicles, pedestrians, or objects on the road. 

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Hot roads and traffic congestion can make for a volatile combination during the summer when people are heading out on vacation. Add massive commercial trucks with defective parts to the mix and disaster is likely to strike. If you or a family member was injured in a truck accident as a result of equipment failure it is important that you seek legal representation. There are circumstances in which faulty equipment is the cause, however, if truck owners do not perform regular maintenance on their trucks to ensure that all safety standards are met, the driver can be found liable for a truck accident. At Maineri Law Firm, we have 25 years of experience providing trusted guidance and favorable results.

Defective Equipment

Defects in trucks can be wide-ranging and difficult to pinpoint. There are instances in which a manufacturer or a distributor may be liable for injuries caused as a result of defective parts. Trucks have numerous parts and when they are faulty, catastrophic accidents can occur. Here are some examples in which both the operator and defective equipment pose risks:

• Poorly maintained tires can cause decreased traction

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Commercial trucks in California transport tons of vital goods. But the enormous trucks must share the roads with smaller vehicles that should not be taken for granted. In 2020, 398 people died in a crash involving a large truck in California. That is a 31 percent increase over the last decade. Trucking accidents continue to lead to substantial injuries and liability is not always obvious. But it is important to hold truck drivers and transportation companies accountable for negligent driving. Here we will take a closer look at the various parties that may be held liable for injuries sustained in a truck accident.

Truck Drivers

Truck drivers in California receive extensive training and must have a commercial driver’s license. However, most truck accidents are caused by driver error. Negligent behaviors can also include driving under the influence of drugs or speeding. These actions can lead a truck driver to be held liable for someone’s injuries.

Trucking Companies

Commercial truck companies also must make sure their drivers are qualified and competent. Drivers need a commercial driving license and they must agree to drug and alcohol screenings by the employer. If a trucking company does not meet legal standards, it will share in the liability.

Accidents involving 18-wheelers are simply more dangerous given their size and weight. Other drivers who share the road are often the ones who sustain the greatest injuries. What is unfortunate is that these truck accidents can be avoided. Truck accidents are commonly a result of driver fatigue. At Maineri Law Firm, we work with clients to prove negligence and hold at-fault drivers and transportation companies accountable for injuries they cause.

Truck Driver Fatigue

In the United States, drivers should not operate a commercial motor vehicle if they are too tired or sick to drive safely. Operating a truck however is at the driver's discretion and sometimes drivers are pressured to make as many deliveries as possible in a specific period. After long hours on the road, it is understandable that a driver would be tired or sleepy. But it is the decision to drive despite being fatigued that is simply irresponsible.

Tired drivers pose a threat not only to other people on the road but to pedestrians. An accident involving a large truck can be disastrous. When a driver is tired their judgment and reaction time may suffer, making it more difficult to make last-minute decisions.