Get The Compensation You Deserve With Our Morgantown Truck Driver Fatigue Accident Lawyer
Have you ever drifted off while driving a long stretch of highway? The term “highway hypnosis” exists for a reason. Monotonous driving at the same speed, with not much to keep you awake, can lead to fatigue for anyone. If the driver is a long-haul trucker, and their job involves driving for eight to ten hours per day, they are even more likely to be fatigued behind the wheel. Drowsy driving can be just as dangerous as drunk driving; after 18 hours without sleep, the body’s mental awareness and reflexes are similar to those of someone who has had a couple of drinks. If someone is awake for more than 24 hours, their response times and coordination are as compromised as someone who is over the legal limit for alcohol consumption. If you have been hit by a tired trucker, the help of our Morgantown truck driver fatigue accident lawyer can be invaluable as you assert your right to compensation.
At Hayhurst Law PLLC, we advocate for people like you who have been injured by a commercial truck driver’s negligence. We have a thorough understanding of federal and state regulations for commercial drivers and will quickly take action to help you secure fair compensation from all liable parties. Contact us today for a free consultation.
Federal Laws Regarding Driver Fatigue
While there isn’t a law specifically prohibiting driving if you’re a bit tired, there are laws governing how long a commercial driver can operate before they must take a rest break and how long between driving sessions a driver must rest. These laws, overseen by the Federal Motor Carrier Safety Administration (FMCSA), must be followed by all commercial drivers, including single-rig owner-operators and those working with a trucking company. Trucking companies must properly supervise their drivers and ensure that they comply with federal operating hours.
Drivers must log their driving hours and rest hours and have an updated log ready to present to law enforcement at any given time. In addition, almost all newer commercial trucks are equipped with an Event Data Recorder (EDR), sort of like an airplane’s “black box” that logs the vehicle’s operation, speed, direction, and other actions. Its information can either support a trucker’s own rest/ drive log or refute it if the facts of the accident are in dispute.
What Our Attorneys Can Do For You
Drowsy driving is a form of negligence. If a tired trucker causes a wreck, they can be liable for any harm they cause, including paying for the victim’s medical care and other damages. We collect evidence to prove that the trucker was negligent, like their driving logs, EDR data, and other information, to prove that they were operating when they shouldn’t have been. We hold them accountable, and often, the trucking company, as well, for either failing to supervise the trucker, setting unrealistic schedules that would require them to drive longer than they are legally permitted, or both.
At Hayhurst Law PLLC, our goal is to secure fair compensation for all your losses from a truck crash. As experienced litigators, we understand the complications that can accompany truck accident claims, and we’re not intimidated by powerful shipping carriers. Contact us today for a free consultation with an experienced Morgantown truck driver fatigue accident lawyer.
