It happens in an instant. One moment, you are maintaining a safe distance behind a commercial truck, and the next, the massive vehicle is rolling backward down an incline because the drowsy driver forgot to engage the parking brake.
Truck driver fatigue manifests in countless dangerous ways, and if you have been injured as a result, there is a path to compensation available to you.
Why tired truckers are a danger
Truck drivers often work long hours to meet strict deadlines, so some may skip required breaks or drive for too many hours. However, fatigue slows reaction time and clouds judgment.
Tired truckers are more likely to make mistakes, drift into other lanes or miss traffic signals. These errors can cause life-changing accidents.
Federal Hours of Service Rules
In Delaware, truckers must follow federal Hours of Service (HOS) rules. These rules include:
- No driving more than 11 hours after 10 consecutive hours off duty
- No driving beyond 14 hours after starting a shift
- Mandatory breaks after 8 hours of driving
- Weekly limits on total driving hours
Truck companies must keep records of driving hours. If a trucker broke these rules, you may have a strong case.
Signs that fatigue caused your accident
Several indicators suggest a tired driver caused your crash:
- The truck drifted between lanes before impact
- No skid marks appeared at the scene
- The accident happened during typical sleep hours (midnight to 6 AM or 2 PM to 4 PM)
- The driver appeared confused or disoriented after the crash
- Logbook violations or missing records exist
- The truck driver had been driving for extended periods
A thorough investigation is crucial when establishing fatigue. This often involves examining driving logs, GPS data, cell phone records and witness statements, as well as reviewing the trucking company’s policies and safety records.
Seeking compensation after a truck accident
Trucking companies often face liability when they pressure drivers to violate safety regulations. Delaware law allows victims to recover compensation for medical bills, lost wages and pain and suffering.
Proving trucker fatigue, however, is not always easy. Trucking companies often have legal teams ready to defend them, making it essential to have a legal professional on your side. An experienced attorney can investigate whether driver fatigue played a role in your accident, hold the right people responsible and help you seek fair compensation.