In accidents resulting from truck driver fatigue, the driver or the truck owner can be held liable for the damage. Drivers must practice defensive driving, especially when operating a large commercial truck. Meanwhile, truck companies or owners are prohibited from imposing extreme work shifts, leading to driver fatigue.
This article will help you understand when a truck driver or owner is liable for an accident and how to maximize your compensation when filing a truck crash claim.
What is Driver Fatigue?
Driver fatigue can result from lack of sleep, long work hours, intense job or non-work activity, or a combination of these and other causes. In some cases, individuals with sleep disorders may also engage in drowsy driving.
The Federal Motor Carrier Safety Administration (FMCSA) discovered that driver attention was more closely associated with “time of day” than “time on task.” Most people are less aware at night, especially after midnight. This tiredness may intensify if you have been driving for an extended time.
What are The Driver Fatigue Laws in Sacramento?
In Sacramento, drivers can’t drive a vehicle if they are impaired or likely to become incapacitated due to fatigue, illness, or any other reason that makes it unsafe for them to drive.
Companies are also not allowed to require or allow impaired drivers to operate a vehicle.
According to FMCSA, trucking companies should follow the standard regulations when scheduling drivers’ work shifts, such as:
- Drivers can work a maximum of 11 hours after taking ten consecutive hours off duty.
- Drivers are not allowed to drive after being on duty for 14 consecutive hours following ten consecutive hours off duty.
- Drivers must take a 30-minute break if they have been driving for eight hours without at least one 30-minute break.
- In adverse driving circumstances, drivers can extend the maximum driving limit of 11 hours and the 14-hour driving window by up to two hours.
Truck owners or companies are expected to follow the state’s service guidelines to avoid accidents due to truck driver fatigue.
Why Is Driver Fatigue Common among Truck Drivers?
Despite the state’s efforts to reduce collisions due to drowsiness, truck driver fatigue is still common among commercial drivers. In fact, 65% of truck drivers say they are frequently or occasionally fatigued while driving, and over half admit falling asleep.
While it is recommended that adultshave seven to eight hours of sleep, the typical commercial truck driver has an average of around five hours of rest at night. Aside from lack of sleep, truck driver fatigue is common among commercial drivers due to the following:
- irregular sleep patterns,
- monotonous and sedentary work,
- pressure to meet delivery deadlines,
- poor sleeping conditions, and
- personal health issues.
Who is Liable for a Truck Driver Fatigue, the Driver or the Owner?
If you are involved in an accident resulting from truck driver fatigue, the driver or the truck owner may be held responsible for the damages caused by the crash, depending on specific circumstances.
The Truck Driver is Liable for the Collision
A truck driver may be held liable for the collision if the accident occurred after their working hours. Truck companies are usually not responsible for their drivers if they use the vehicle without their permission or outside their work schedule.
Additionally, they should cover the accident damage if the crash resulted from other driving errors apart from the truck driver’s fatigue, such as:
- speeding,
- unsafe lane changes,
- following vehicles too closely,
- driving under the influence of alcohol or drugs,
- distracted driving, and other traffic violations.
If the evidence demonstrates the truck driver’s negligence in causing the accident, you can file a claim against them.
The Truck Owner or Company is Accountable for the Crash
In some cases, truck owners or companies can be held responsible if they explicitly encourage the driver to break the rules regarding hours of service, leading to accidents due to driver fatigue.
Other circumstances that make a truck owner accountable for the crash are the following:
- imposing unrealistic deadlines on the drivers,
- ignoring instances where the driver falsified logbooks,
- hiring drivers despite their bad driving history or medical conditions that may cause accidents and others.
Proving that the truck driver was at fault in an accident is usually simpler than showing the trucking company’s responsibility. The driver’s direct involvement makes it easier to establish their negligence. However, a skilled truck accident lawyer can gather all the facts of the case and hold the responsible parties accountable for the accident’s damages.
For example, if authorities determine that the crash resulted from truck driver fatigue, a Sacramento truck accident lawyer can likely uncover that the driver’s drowsiness was due to the demanding schedule imposed by the company.
What Damages Can I Include in My Truck Accident Settlement?
The damages you may include in a truck accident settlement can differ based on how the accident happened. It mostly depends on how bad the damages are and how they affect the injured victim’s life.
Let’s say a Sacramento truck crash resulted in damaged property. The settlement might be lower than if the collision caused someone to become completely paralyzed. That’s why it’s essential to take the following damages into account when determining your total compensation:
- Economic damages are financial losses computed through invoices, receipts, and other relevant documents.
- Non-economic damages are intangible losses from an accident that don’t have a direct monetary value.
- Punitive damages are additional costs that the court may require the responsible party to pay if their actions were deemed exceptionally severe or intentional.
| Economic Damages (financial losses) | Non-Economic Damages (non-monetary losses) |
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Calculating the value of economic damages is usually straightforward, but it can be challenging to determine the worth of non-economic losses.
Sacramento truck crash lawyers have the knowledge and skills to effectively assess and measure these intangible damages, ensuring you receive the highest possible financial compensation.Additionally, they can assess your personal injury case and determine if you are eligible for punitive damages.
Do I Need a Lawyer When Proving a Drowsy Truck Driver Accident?
Truck accidents often cause severe injuries and significant damage. While you can identify negligent drivers in accidents involving traffic violations, hiring Sacramento truck crash attorneys to represent your case and maximize your compensation is still recommended.
For example, you were in an accident resulting from truck driver fatigue. It was then discovered that the truck owner intentionally imposed an extensive work shift. How will you prove the company’s liability if they insist you can’t request their work log and driving schedules?
A Sacramento truck accident lawyer has the knowledge, expertise, and resources to investigate your claim and forward your case to trial to subpoena the necessary documents proving the truck company’s liability.
They can also do the following to win your case successfully:
- Gather sufficient evidence to prove your claim.
- Establish the at-fault party’s liability.
- Maintain clear communication so you can understand the legal steps of your case.
- Negotiate with insurance companies to secure fair compensation.
- Protect your legal rights by going to court if necessary.
At Jacoby & Meyers, we are committed to serving accident victims and ensuring they receive the justice they deserve with genuine care and compassion. Our free consultation offers the opportunity to obtain legal advice from highly experienced Sacramento truck accident lawyers. Feel free to contact us at 800-992-2222 to discover your legal options.
References
Bieber, Christy. “What Are Economic Damages? – Forbes Advisor.” Forbes, 6 April 2023, https://www.forbes.com/advisor/legal/personal-injury/economic-damages/. Accessed 30 June 2023.
Bieber, Christy. “What Are Non-Economic Damages? (2023 Guide) – Forbes Advisor.” Forbes, 3 February 2023, https://www.forbes.com/advisor/legal/personal-injury/non-economic-damages/. Accessed 30 June 2023.
“Cal. Code Regs. Tit. 13, § 1214 – Driver Fatigue | State Regulations | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/regulations/california/13-CCR-1214. Accessed 30 June 2023.
“CMV Driving Tips – Driver Fatigue | FMCSA.” Federal Motor Carrier Safety Administration, 11 February 2015, https://www.fmcsa.dot.gov/safety/driver-safety/cmv-driving-tips-driver-fatigue. Accessed 30 June 2023.
“CMV Driving Tips – Driver Fatigue | FMCSA.” Federal Motor Carrier Safety Administration, 11 February 2015, https://www.fmcsa.dot.gov/safety/driver-safety/cmv-driving-tips-driver-fatigue. Accessed 30 June 2023.
“THE SLEEP OF LONG-HAUL TRUCK DRIVERS.” NCBI, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2430925/. Accessed 30 June 2023.
“Summary of Hours of Service Regulations | FMCSA.” Federal Motor Carrier Safety Administration, 28 March 2022, https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations. Accessed 30 June 2023.
“What is Driver Fatigue?” Truck Safety Coalition, https://trucksafety.org/hours-service-fatigue/. Accessed 30 June 2023.
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