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Trucking accidents due to driver fatigue are becoming increasingly frequent. In 2018, 4,862 trucking fatalities occurred, which is a 1% increase since 2017 and a 51% increase since 2009. However, without knowing how to prove your personal injury case, pursuing compensation may become a bit difficult. Here’s a closer look at how an attorney will gather evidence to help your case.

Why Truck Driver Fatigue Is Common

Long hours and tight deadlines are two of the main contributors to overtired truck drivers. Since these professionals earn by the mile, they may continue to drive long after needing to stop for the night, getting closer to their destination and increasing their chances for another load. This stretches their limits and produces a sense of fatigue. Slow reflexes and reduced concentration may cause the truck to swerve out of its lane, endangering other drivers.

How the Driver’s Hours May Provide Evidence

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has restrictions in place to reduce the potential for driver fatigue. These include driving no more 70 hours per week, which amounts to 14 hours of driving per day, and a 30-minute break during the first eight hours of a shift. 

personal injuryA personal injury attorney will check the time sheet to see what kind of hours the driver puts in during any given week. If the numbers exceed the FMSCA limits, this may indicate that driver fatigue was a factor.

Why Other Records May Be Relevant

Trucking companies also maintain careful records of their drivers’ loads and any expenses they may accrue while out on the road. These provide personal injury attorneys with a clear picture of the route a driver took and may help reconstruct their trip, complete with detailed timestamps that reveal whether or not they took breaks between each point.

 

If you suspect driver fatigue was the cause of a recent vehicle accident, reach out to Ibold & O’Brien in Chardon, OH. These attorneys have more than 40 years of experience and commit to providing the honest, innovative, and high-quality legal counsel their clients deserve. They know the ins and outs of both medical malpractice and personal injury law, ready to supply the guidance you require to construct a solid case. Call (440) 385-3511 to request a consultation or visit their website for additional information on their services.

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