Thousands of truck drivers travel on Nevada streets and highways every day, bringing essential goods to consumers all across the United States. Due to the power and force of a commercial rig, driver alertness should be nonnegotiable. And most commercial truckers are responsible professionals who take safety seriously.
However, truck accidents caused by driver fatigue are still a serious concern. Every year, thousands of lives are affected by drowsy driving.
If you or a loved one has been involved in a truck accident where fatigue may have been a factor, we want to help you understand your rights and the potential for compensation. To learn more about your legal options, consult with a seasoned Las Vegas truck accident attorney at Cameron Law.
Truck Accidents and Driver Fatigue: Statistics and Facts
The Federal Motor Carrier Safety Administration (FMCSA) gathers information about motor vehicle collisions. The agency’s statistics reveal that commercial truck accidents pose significant risks on roads across the United States, including Nevada. For example, the FMCSA reports that over 5,700 people were killed in accidents involving large trucks in 2021.
Another government agency, the National Highway Traffic Safety Administration, also gathers and reports accident statistics. This agency linked 61 fatalities in Nevada to collisions involving large trucks in that same year.
In reporting statistics on crashes, the FMCSA does not separate driver fatigue from other reasons for impairment, such as illness or alcohol. However, it reveals that driver impairment is a leading cause of collisions in the United States.
Factors That Contribute to Truck Driver Fatigue
Lawmakers and industry regulators have taken action to try to prevent truckers from driving while fatigued. However, industry regulations are not always followed. These are some reasons that fatigued drivers can be found on the roads:
- Hours-of-service (HOS) violations: Many truck drivers exceed HOS regulations, spending prolonged periods behind the wheel without adequate rest.
- Pressure to meet deadlines: The demand to adhere to tight schedules often results in skipped breaks, increasing driver fatigue and impairing reaction times.
- Health issues: A chronic condition like sleep apnea can lead to persistent drowsiness, affecting a driver's ability to stay alert.
- Use of sedative medications or alcohol: These substances can further impair alertness and reaction times, posing serious risks.
- Environmental factors: Monotonous highway driving, poor nutrition, and lack of exercise can contribute to drowsiness among truck drivers.
No matter the reason, a fatigued driver is a danger to themselves and to others on the roads.
Who Is Liable If a Driver Is Fatigued?
Fatigued driving is just one of several factors that can influence liability in truck accident cases. In the event of a drowsy driving accident, multiple people or organizations may be held accountable.
Driver Negligence
Truck drivers are legally obligated to operate their vehicles safely. If a driver is negligent, they can be held to pay for the damage they cause. Driving while fatigued or falling asleep at the wheel is considered negligent behavior.
Company Liability
To mitigate fatigue, trucking companies must follow federal regulations that restrict the number of hours that truck drivers can work. If a company exceeds these limits or pressures its drivers to violate them, it may also be held responsible for accidents.
Additionally, under the principle of vicarious liability, employers can sometimes be held accountable for the negligent actions of their employees.
Other At-Fault Parties
In many cases, the fatigued truck driver is not the primary cause of a collision. For example, another driver might first collide with the truck, causing a pile-up on the highway. In such cases, liability may be distributed among various parties.
However, each party’s insurance company may argue that someone else was at fault in order to reduce the amount it must pay. A truck accident attorney can handle communications with these companies, fighting to allocate fault fairly and secure the compensation their client deserves.
Damages After a Fatigued Truck Driving Accident
If you succeed in your claim against a fatigued truck driver or their employer, you may be eligible to recover various types of damages:
- Medical expenses: Coverage for both current and future medical costs related to your injuries.
- Lost income: Compensation for wages lost during recovery and potential future earnings affected by the accident.
- Pain and suffering: Damages to compensate for any physical pain and emotional distress endured as a result of the accident.
- Property damage: Reimbursement for damage to your vehicle or other personal property.
- Loss of enjoyment of life: Compensation for your diminished quality of life, such as activities you can no longer engage in due to your injuries.
In the unfortunate event of a fatal accident, the surviving family members may file a wrongful death claim, seeking damages to cover their personal loss and related expenses.
What Should You Do If You’re Hit by a Drowsy Driver?
If you suspect that driver fatigue played a role in a truck accident, take steps to protect your rights and gather vital information.
Observe the Driver for Signs of Fatigue
Carefully observe the truck driver for any signs of fatigue, such as slurred speech, yawning, disorientation, or difficulty maintaining focus. Mention these observations to the law enforcement officer who arrives at the scene. Additionally, report any erratic driving patterns, such as weaving or speeding, which may indicate that the driver was fatigued.
A police report can help establish a link between the driver’s behavior and the crash, reinforcing your truck accident claim.
Seek Legal Counsel
Consult with an experienced truck accident attorney as soon as possible, especially if you or someone else was injured in the accident. An attorney can guide you through filing a claim and advocate for a full settlement.
Gather Essential Records
Your attorney will help you gather and examine essential records related to the incident. They might review the truck’s electronic logging device, which monitors hours of service, or the driver’s manual logbooks. These records might reveal that the driver exceeded safe driving limits or failed to take adequate rest breaks.
Examine Additional Evidence
Other documents, such as toll receipts, gas station purchases, hotel records, and bills of lading, can provide insights into the driver’s schedule and potential fatigue levels. For example, time stamps on toll receipts can help establish how long the driver was on the road, while hotel receipts can indicate rest periods.
Review Surveillance Footage
Surveillance footage from nearby locations can also be helpful. Many intersections, gas stations, hotels, and parking lots are equipped with cameras. One of these may have captured the driver’s behavior leading up to the accident. This footage can provide additional evidence of fatigue by showing how the driver acted just before the incident occurred.
Protect Your Rights After a Truck Accident
Truck driver fatigue contributes to far too many accidents each year. If you or a loved one has been hurt by a fatigued driver, you have legal rights. By taking the right steps — such as gathering evidence, observing driver behavior, and consulting with a knowledgeable attorney — you can strengthen your case and pursue the compensation you deserve.
Don’t be overwhelmed by the legal system. Take action today by reaching out to our truck accident attorneys.
