Truck Driver Fatigue Accident
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Truck Driver Fatigue Accident In Indiana
Frequently, different types of trucks fill Indiana’s highways–dump trucks, fuel tankers, flatbeds and 18-wheelers. All traveling within and through the state. Given the volume of truck traffic, inevitably, truck accidents will occur. And one of the most frequent type of accidents is a truck driver fatigue accident.
Notabaly, the federal government recognizes that truck driver fatigue accidents are a serious concern. The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. Indeed, the FMCSA has rules that limit the number of hours truck drivers can drive their trucks. Additionally, the rules also require drivers to take regular breaks from driving.
Furthermore, the FMCSA requires that drivers and their company maintain driver logs. In that manner, the driver can record the number of hours driving, the hours spent not driving and the required rest breaks.
The concern is, however, that drivers, under pressure from their managers, will not follow the FMCSA regulations in order to more quickly deliver their cargo.
A Truck Driver Fatigue Accident Can Happen Anytime
Of course, we all have nodded off watching television or reading a book. Certainly, we did not want to nod off before the show was over or the chapter finished. Similarly, that is the problem with truck driver fatigue. Surely, the driver does not intend to literally fall asleep at the wheel, but because of driver fatigue, he does.
Moreover, there are more problems with driver fatigue than simply falling asleep at the wheel. For instance, even if the driver does not fall asleep, he will experience a reduction in his ability to react to roadway conditions (a patch of ice, another driver cutting him off). In addition, driver fatigue will affect his reaction time and muscle coordination. Likewise, he may also become inattentive to highway conditions.
Does This Sound Like Your Accident?
A Ford SUV is traveling on Rt. 74 late at night. At the same time the driver passes a slow-moving big rig on the left, the big rig suddenly drifts into the SUV’s lane, forcing the SUV to move to its left. Unfortunately, the SUV did not have time to signal or even check if it was safe to change lanes. In reality, all he could do was blow his horn. As a result, an oncoming car hit the SUV in the left lane. Consequently, the impact of the collision sent the SUV to the right, where he hit the tail end of the big rig.
Fortunately, there were no other cars in the accident’s vicinity. Accordingly, the driver of the SUV suffered a whiplash-type injury but could pull his car to the side of the road. Likewise, so did the big rig driver as well as the car that hit the SUV.
The big rig driver was instantly apologetic. However, he could not explain to the other drivers or the responding State trooper why he veered into the SUV’s lane.
Why You Need an Indiana Truck Driver Fatigue Accident Attorney If a Truck Driver Fatigue Accident Injures You
In the first place, if you have been injured in an accident involving a fatigued truck driver, you probably will not know at the time that driver fatigue caused the accident. Under those circumstances, the driver is not likely to admit to you, the police or anyone else that his fatigue caused the accident.
Therefore, you will need an experienced Indiana truck driver fatigue accident lawyer to immediately investigate the accident. For example, if driver fatigue caused the accident, your attorney will get the driver’s log from the trucking company.
Similarly, witnesses will have to be located and interviewed.
Additionally, if there were multiple vehicles involved in the accident, the actions of each of the other drivers will have to be examined to determine their fault, if any.
Lastly, most commercial trucks have “black boxes” similar to an airplane. Therefore, if you are in an accident with a commercial truck, your attorney can get the data on the black box downloaded. For instance, the data on the box will show what the speed of the truck was before the accident. As another example, the data will show whether and when the brakes were applied. Likewise, your attorney will learn if the truck was on cruise control at the time of the accident, among other information.
As you can see from the above, the accident you get in may require a great deal of work to develop the evidence and testimony. Indeed, that evidence and testimony will be needed to convince the truck driver’s insurance company to settle on favorable terms. Or, if the truck driver’s insurance company is being unreasonable, to convince a jury to make a favorable damage award.
Consequently, if you are injured in a truck driver fatigue accident in Indiana, get an experienced Indiana truck driver fatigue accident attorney as soon as you can.
Experienced and Knowledgeable Indiana Truck Driver Fatigue Accident Lawyer
Thus, if a truck driver fatigue accident injured you or a loved one, you need an experienced Indiana truck driver fatigue accident attorney. As you can see from the above, a truck driver fatigue accident is probably more complicated that an accident involving passenger cars. Therefore, we will investigate the accident and determine who was at fault. Moreover, we will fight to get you the compensation you deserve. Contact us at our Hammond office at 219-200-2000 or online at alexmendozalaw.com for a free consultation.
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