What Evidence Do I Need When Filing A Claim Based On Truck Driver’s Fatigue?
Truck accidents cause due to fatigued driving are a major cause of severe injuries and fatalities in California.
A fatigued driver is always at high risk mainly due to environmental factors and roadway geometrics, such as making sharp curves, driving through tunnels, or down steep grades. It becomes worse during the snowy, foggy, or rainy seasons.
If you have been involved in a truck accident and believe the driver was fatigued, you need to understand how to go about liability depending on the laws involved and how to claim your damages.
Drowsy Driving Among Truck Drivers
Drowsy or fatigued driving is when a driver gets behind the wheels while being cognitively impaired due to sleep deviation.
Falling asleep while driving is known to cause some of the worse fatalities and injuries. Unfortunately, an accident caused by big rig accidents tends to be more catastrophic compared to other vehicles. When a truck driver doesn’t have enough sleep, their ability to make sound decisions and coordination becomes affected.
If a fatigued driver caused your car accident, the legal process might be tough. Thus, you may find it worthwhile to seek a Bakersfield big rig accident lawyer to help you understand how to go about your case.
According to NHTSA, around 40% of all heavy truck accident crashes are caused by driver’s fatigue. Common reasons why a big rig driver goes behind the wheel while fatigued include:
- Lack of enough sleep
- Has a sleep disorder
- The driver is using medication.’
- Rotation of schedules
- Driving long distances.
Under the above circumstances, a driver is more likely to be tired, leading to the involuntary withdrawal of attention. Besides, there may be a slow response, extended reaction time, or falling asleep behind the wheel when this happens. While some of the above reasons may not amount to liability, a big rig driver or the trucking company may be held liable for drowsy driving based on negligence.
Avoiding Drowsy Driving
While one has to blame the negligence party, every driver should be careful of drowsy driving. But no one is immune from fatigue. Driving while fatigued has almost the same consequences as someone driving under the influence of drugs or alcohol. If you’re a driver and start noting some of the below signs, this would be a good indication that soon you may leave the roadway, drift out of your lane or fail to take a swerve:
- Blinking frequently
- Too much yawning
- Having difficulty remembering what has happened during your past few miles
If you start observing the above, the best move would be to pull over and nap or get another driver.
Determining Liability
The liability of any accident falls on the person who acted carelessly. This is all about the duty of care. To place blame on the defendant, you need to show that you were careful, but the truck driver breached the duty of care and hence you suffered injuries. That way, you can receive your injury and property damages.
If you can prove that the truck driver did one or more of the below, you may have a claim:
- The driver never paid attention to the road.
- The driver drifted to the oncoming traffic.
- The driver was fatigued but went ahead to drive during high-risk hours such as late at night or early morning.
Placing liability requires one to have the right legal representation. A lawyer can tell you whether liability will fall on the driver or the trucking company. It’s not easy to prove that you suffered injuries due to the truck driver’s fatigue. Thus, your lawyer may need to gather evidence to support your personal injury claim from:
- Police report: Police at the scene can prepare a report that will indicate how the accident happened. Getting a copy of the report would greatly help you understand what the police recorded after their accident investigation.
- Credible witnesses: You should try to get contacts of anyone who witnessed the accident or the truck driver’s actions.
- Use of photographs:If the truck driver swerved off the road and left skid marks, pictures will help your lawyer have a view of how the accident occurred.
Anything that will exhibit the truck driver’s drowsiness caused your accident will be used to prove liability.
If you get involved in an accident and don’t have severe injuries, you should do all you can to gather enough evidence that will significantly assist your lawyer in helping prove your case.
No statute prohibits drowsy driving; however, a driver who causes an accident while fatigued can be subjected to civil liability. Your lawyer is conversant with Federal or State trucking laws and can use such to determine who is responsible for your accident.
He/she can help you apply some of the basic requirements to your claim that will work towards getting you a fair settlement or judgment.