Most truck drivers understand that driving a big vehicle requires special care and attention on the road. However, there are some reckless drivers who endanger their own as well as other people’s lives by pushing the limits of their physical capacity. If you are a truck driver, you are heavily requested not to do so.
Fatigue is one of the leading causes of truck accident fatalities. Not getting enough sleep and rest for days on end can have a negative impact on your mind and body. If you have been in an accident when the truck driver was fatigued, you have a valid case. Consult with The Law Offices of Gallner and Pattermann, PC, to learn about your rights.
How can you prove that the other driver was fatigued at the scene of the accident?
When a truck driver is in a fatigued state, it means that they have not rested properly and are probably drowsy or sleepy. As you may already know, driving in a sleepy state is dangerous as it can interfere with your focus, attention, and reaction time.
There are various ways to prove that the other party was fatigued or sleepy during the accident.
A police report.
When you get into an accident, it is always advised to inform the police first. When the police arrive, they conduct an investigation of the scene and create a report based on their observations. If they notice signs of fatigue or sleep deprivation in the driver, they note them down. Therefore, obtaining the police report can help.
Time of the day.
Drivers can be sleep-deprived and fatigued during any time of the day. However, those driving specifically at night may indicate fatigue more than those driving during the day. This is because truck drivers sometimes skip their sleep to work at night and receive more wages. Drivers who operate trucks between 1:00 am to 5:00 am are more likely to be fatigued.
The driver’s attempts to stop the crash.
The police are trained individuals who can recognize when a driver has not tried to stop the accident. If the driver never tried to prevent the event, it could be because they were too sleepy to focus on the road or the danger approaching them. Witness statements and expert analysis of the accident can show whether the driver attempted to stop the accident.
Logbooks and billed hours.
Most commercial company trucks are required to keep handwritten logbooks to note the number of hours they work in a day. Another way to check the number of hours is to review the hours they have billed. If the billed or logged hours go beyond what the law allows, the driver was fatigued.