Who is Liable If You Are Injured in a Truck Accident Due to Truck Driver Fatigue? It Might Not Only Be the Driver
The tragic truth is that truck accidents result in injuries every day. Who do you hold accountable if a truck driver’s fatigued driving caused an accident that injured you? Is the drowsy truck driver accountable? Anybody else?
If you experienced an injury in a fatigue-related truck crash, you may have grounds to pursue a trucking accident case against one or more of the following parties: the fatigued driver, the trucking firm, the government, the maker of any defective equipment, and the careless driver.
Understand that there are several causes of weariness when it comes to the trucking industry. One example is a driver’s refusal to adhere to federal and state restrictions that limit a trucker’s hours of service. Read on for more information and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Is a truck driver who is tired at fault for an automobile accident?
Possibly, yes. In general, it is the responsibility of truck drivers to drive responsibly and safely. This responsibility includes making an effort to prevent them from engaging in drunk driving. If they fail to do so and cause a car accident because of this failing, they might be held accountable for the motor vehicle accident.
However, keep in mind that you typically need to prove that a driver was actually driving while sleep deprived in order to hold them accountable for their actions. You may frequently accomplish this by providing the trucker with haulage records or driver logs.
It should be noted that certain vehicles come equipped with an internal computer that records the number of hours a trucker drives. In the absence of a computer, truckers typically must maintain a journal of their hours worked continuously or overall driving time.
These computers or logs can be used to demonstrate that a truck driver was sleep deprived while operating a vehicle. You might also attempt to demonstrate driver weariness by presenting receipts (including toll, hotel, and gas receipts) and security footage.
Could the trucker’s employer be liable?
Possibly, yes. If a driver was forced to drive by a trucking firm in some way, you might be able to hold the company accountable for a commercial truck accident. For example, if they forced their worker to drive without appropriate breaks for relaxation or when severely sleep deprived. A trucking business may also be also liable for an accident if the company failed to properly maintain a truck or improperly loaded the truck.
Could the state or federal government be found at fault?
Truck accidents may be entirely or partially the fault of government agencies. Keep in mind that governmental bodies typically have an obligation to provide safe driving conditions, as well as reliable traffic signals and signage. You can attempt to hold an entity accountable for an accident caused by weariness if it somehow breaches its obligation and this breach contributes to the accident.
Is a trucking equipment maker ever held accountable?
Occasionally, yes. There are situations when a piece of truck equipment causes a fatigue-related trucking accident. You may attempt to submit a claim or lawsuit against the business that created or manufactured the device in certain circumstances.
Call Law Offices of Fernando D. Vargas now at 909-982-0707 for a free legal consultation if you have suffered injury in an accident in which someone else was at fault.