Many people associate the most tragic accidents caused by driving while tired with truck drivers. Drivers of large trucks work in a hazardous profession. Because truck drivers operate heavy machinery, if a truck driver gets into an accident, there is a high likelihood of significant injury or death. The risk of catastrophic injury or death may be greater than a motor vehicle accident between two cars.

Truck drivers who drive without adequate rest may be negligent. Defining negligence requires legal proof. There are four elements to negligence. To recover damages for negligence, an accident victim must prove that the truck driver and the trucking company owed the victim a duty, that the defendants breached the duty, that the breach caused the victim’s harm, and that the victim suffered damages. A truck accident lawyer can help a victim prove that the truck driver and trucking company were negligent.

Obtain legal advice from a truck accident lawyer after a motor vehicle accident involving a fatigued truck driver. A truck accident lawyer knows what it takes to win a lawsuit against a truck company. An attorney can advise when to sue, comply with deadlines and rules of discovery, and draft and respond to motions. Taking on a big truck company without a legal team is never wise. There is no reason to fight alone. Call an accident lawyer before speaking to or taking a settlement offer from an insurance company.

What Is Truck Driver Fatigue?

Truck driver fatigue happens when a truck driver overexerts themselves and drives too many miles without rest. Fatigue plays a large role in truck accidents. Most drivers do not think of driving while drowsy as dangerous. However, it is just as dangerous to drive while sleep-deprived as driving while intoxicated. Even a split second of sleep can cause a fatal car accident. If someone is involved in an accident caused by a fatigued truck driver, the accident victim should contact a lawyer to assist in pursuing compensation for their injuries.

Injuries Sustained in Truck Driver Accidents

A tired truck driver may be required to pay for a victim’s permanent or long-term injuries, including medical bills or physical therapy, or other long-term care that they may need because of the accident. If the truck driver was doing their job when the accident occurred, then the trucking company may also be responsible for the victim’s damages.

An accident victim can suffer severe and permanent physical injuries at the hands of a tired truck driver.

An accident victim may incur:

• Bruises
• Cuts
• Scrapes
• Whiplash
• Sprains
• Broken bones
• Concussions and other head trauma
• Amputation
• Paralysis
• Traumatic brain injuries (TBI)
• Death

Injuries from a truck accident can be severe. Some injuries like TBIs, amputation, or paralysis are apparent. Although these injuries appear obvious, accident victims can face an uphill battle when getting the compensation they need to care for themselves and their families. An accident lawyer can help individuals get the money they need. Accident lawyers have the experience to negotiate a proper settlement amount for serious injuries and long-term care.

Some injuries are less severe and much less apparent than amputation or paralysis. Less severe injuries might include conditions like whiplash. While these injuries may not require long-term medical care, they may need expensive short-term medical treatment. An accident lawyer can help victims get the help they need to pay for treatment, physical therapy, lost wages, and other damages.

There can be potentially lasting or fatal complications from even seemingly mild brain trauma, as the term “mild TBI” refers to only the first manifestations of symptoms, not the overall prognosis. TBIs deemed mild by medical professionals may still cause severe and lasting effects and complications. The accident victim should watch out for any symptoms of complications or long-term consequences if they are diagnosed with a TBI.

Truck accidents sometimes result in wrongful death. A wrongful death lawsuit is a legal action that the deceased’s family has against the defendant. In such an action, the family asserts that the defendant caused the deceased’s death by acting carelessly. In a wrongful death action against a negligent truck driver, the family may have a right to sue the trucking company and the individual truck driver.

Wrongful death damages include:

• Funeral and burial expenses
• Pre-death medical expenses
• Survivors’ emotional distress
• Financial loss
• Loss of services and support
• Loss of companionship

An experienced accident lawyer can help with a wrongful death case. The laws surrounding wrongful death are complex and require someone with legal experience to represent a client pursuing a wrongful death case.

Causes of Truck Driver Fatigue

Driver fatigue happens because of too little sleep or working long hours without a break. Sleep disorders like insomnia or narcolepsy can cause lingering drowsiness the next day, making it unsafe to drive. The dangers of driving without adequate rest are significant. Accident lawyers help victims understand their legal rights after a fatigued truck driver accident.

Fatigue in driving might happen due to:

• Sleep deprivation
• Poor sleep quality
• Anxiety
• Excessive activity
• Medication changes or new doses
• Ailments

Signs of Truck Driver Fatigue

There are some common symptoms of fatigue. A tired individual loses some functional ability. Someone who is fatigued may be unable to perform daily tasks.

The signs of fatigue include:

• Feeling irritable and moody
• Lack of motivation
• Lack of concentration
• Slow reaction time
• Weakness
• Drowsiness
• Headaches
• Abdominal pain
• Bloating, constipation, or diarrhea related to the digestive system

Medical experts cite many causes for fatigue. Fatigue can occur due to a physical illness or chronic sleep deprivation.

Examples include:

• An adjustment to the dosage or type of medication
• Anemia
• Liver disease
• Cancer
• Diabetes
• Lung disease (COPD)
• Viral or bacterial infection

An individual’s mental health struggles may also contribute to fatigue. Anxiety and depression may accompany fatigue.

It may be safe for a truck driver to drive while suffering from one of the above conditions. However, truckers and trucking companies should be aware that they can be negligent if they drive while suffering from a condition that makes driving dangerous without getting treatment. When a driver is involved in an accident with a fatigued truck driver, an accident lawyer can help protect an accident victim’s rights.

Legal Consequences of Driving While Fatigued

If the truck driver is negligent, the truck driver may be liable for the victim’s damages. When a negligent truck driver crashes, they must pay for the victim’s injuries. If the truck driver performs their job duties when the accident happens, the trucking company can also be liable for the accident victim’s damages. Damages may include lost wages or medical bills, but damages can also include pain and suffering and permanent long-term injuries.

“Pain and suffering” refers to the physical, mental, and emotional trauma an accident victim suffers. Post-Traumatic Stress Disorder (PTSD) is an example of mental or emotional trauma. Some triggers include sensitivity to sounds, lights, movements, and words. An accident victim’s negative memories can lead to debilitating effects. A person who experiences PTSD following an accident that they did not cause has the right to recovery. After a car accident, speak with an accident lawyer to learn about accident victims’ rights to recover from emotional trauma.

Accident victims may be confused about the amount of recovery they are entitled to. It may be helpful to speak with a lawyer who has experience getting compensation for clients. An accident victim can avoid being intimidated by big insurance companies that only want what is best for the company. Talk to a qualified accident lawyer to help navigate the process.

Driver Fatigue Monitoring Systems

Trucking companies need to know that their drivers’ performance may suffer from a lack of sleep. Companies may use driver fatigue monitoring systems to prevent accidents involving big trucks, which track drivers’ fatigue levels.

A driver may not know that they are so sleep-deprived that they are impaired. A driver fatigue monitoring system helps drivers monitor how tired they are before they begin driving to prevent motor vehicle accidents.

Driver fatigue monitoring systems use devices mounted in vehicles or apps downloaded to the user’s smartphone to determine whether the truck driver is rested enough for safe driving. A driver fatigue monitoring system works by scanning the driver’s pupil. A driver fatigue monitoring system measures the dilation of the pupil. Companies can use data from these systems to determine how long drivers can drive without rest breaks. By removing more tired drivers from the roads, this data can help prevent traffic accidents.

Microsleep

Microsleep is a brief period when a person falls asleep and stays asleep for a few seconds. A truck driver may be about to fall asleep if they are slow to react to a stimulus, yawning, or having difficulty keeping their eyes open.

Microsleep is a form of driver fatigue that can lead to a motor vehicle accident. Microsleep may not seem like a big deal. However, driving while microsleeping, even for seconds, can have tragic consequences.

During a few seconds of driving with their eyes closed, one can swerve into another lane or oncoming traffic. During microsleep, a truck driver can travel several hundred feet. When a person microsleeps, their brain switches rapidly from consciousness to unconsciousness, and when they awaken, their reaction time may be too slow for them to stop the truck.

Various medical conditions can cause microsleep. For example, insomnia may cause a person to feel drowsy for many days after losing sleep and to suffer from microsleep. Other conditions, such as narcolepsy and sleep apnea, can cause microsleep. Medical conditions other than sleep disturbances, like high blood pressure and diabetes, can lead to sleep deprivation and microsleep.

Frequently Asked Questions About Truck Driver Fatigue

How can truck drivers help prevent driver fatigue?

• Maintain a healthy diet
• Get enough sleep at night
• Take naps when necessary
• Do not overuse caffeine
• Drink plenty of water
• Do not drive too many miles without taking a break

How many drivers suffer fatal injuries because of driver fatigue?

According to data collected by the National Highway Traffic Safety Administration, 91,000 police-reported crashes that occurred in a recent year involved fatigued drivers. Crashes due to fatigued drivers made up 50,000 injuries and 800 deaths.

What part of the population is high-risk for driver fatigue accidents?

Some populations are more vulnerable to driving while drowsy. Those groups include young and inexperienced drivers and those who work overnight. Another large group of people that tend to get into accidents because of driver fatigue is people with sleep disorders.

Truck drivers are a part of the shift workers that suffer from driver fatigue.

Contact a Truck Accident Lawyer

A truck accident lawyer can help car crash victims get their lives back on track after an accident. Hire a lawyer after an accident since they know how to represent accident victims against insurance companies and defense lawyers.

Indeed, insurance companies do not represent accident victims. The job of an insurance adjuster or an insurance lawyer is to maximize the insurance company’s profit. An insurance company’s team will take care of an accident victim’s injuries without much trouble to itself.

Accident lawyers help accident victims recoup damages after an accident. The first step to building a legal team that fights as hard as the insurance team does is to hire an accident lawyer. Attorneys for accident victims ensure that victims’ rights are protected.