Brooklyn Truck Driver Fatigue Accident Attorney

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Commercial trucks can weigh a maximum 80,000 pounds, which makes them difficult to maneuver and stop at high speeds. If a drowsy truck driver is operating the vehicle, their ability to react and make quick, life-saving decisions on the road are reduced substantially. Crashes involving commercial trucks are typically devastating, resulting in catastrophic injuries and deaths.

At Belushin Law Firm, we are committed to helping victims of truck driver fatigue, as well as those who lost their loved one due to this type of truck accident. With more than a decade of experience, our Brooklyn trucker fatigued accident lawyer has a thorough understanding of state and federal trucking regulations to guide you through the complexities of the legal system.

Federal Hours of Service Rules

According to the Federal Motor Carrier Safety Administration, it is required for commercial truck drivers to take rest breaks. They can drive for up to 11 consecutive hours after taking 10 hours off in a row, and cannot drive beyond the 14^th hours after being on the job.

In a span of one week, truck drivers are not allowed to operate commercial trucks for more than 60 hours. In a span of eight days, truck drivers are not allowed to drive for over 70 hours. Furthermore, it is mandatory for commercial drivers to maintain a log book for every 24-hour period of service, which is often a crucial piece of evidence in a personal injury case.

Frequently Asked Questions (FAQ)

• How does truck driver fatigue impact the safety of other drivers on the road?
  Fatigued truck drivers are more likely to experience slower reaction times, impaired decision-making, and difficulty maintaining focus. This can significantly increase the likelihood of dangerous situations, such as swerving into other lanes, failing to stop at stop signs, or not noticing an obstacle in their path, putting other drivers at risk of serious accidents.
• What is the Federal Motor Carrier Safety Administration's (FMCSA) role in preventing truck driver fatigue?
  The FMCSA sets regulations on hours of service (HOS) to limit how long truck drivers can operate vehicles without adequate rest. These regulations are in place to help reduce the risk of accidents caused by driver fatigue. However, some trucking companies or drivers may ignore these regulations, which can increase the likelihood of fatigue-related accidents.
• Can truck drivers be fined for driving while fatigued?
  Yes, truck drivers who violate the FMCSA's hours of service regulations can face fines and penalties. In addition, trucking companies that encourage or pressure drivers to ignore these safety regulations may also face fines and liability for any accidents caused by fatigued driving.
• How can I tell if a truck driver is fatigued while driving?
  Signs of fatigued driving include:
  • Drifting or swerving between lanes.
  • Slower than normal reactions to traffic signals or road hazards.
  • Frequent yawning or heavy eyelids.
  • Difficulty staying in the lane or improper lane changes. If you notice these signs, it’s important to maintain a safe distance from the truck and report the behavior if possible.
• What should I do if I see a fatigued truck driver on the road?
  If you observe a truck driver displaying signs of fatigue, you should stay as far away from the truck as possible to avoid an accident. If it's safe to do so, contact local authorities to report the driver and their vehicle. Your information could help prevent a potentially dangerous situation for everyone on the road.
• Can family members of victims of truck accidents caused by fatigue seek legal compensation?
  Yes, family members of victims who have died in truck accidents caused by driver fatigue may be able to pursue wrongful death claims. This can help them recover compensation for funeral expenses, lost wages, emotional suffering, and more.
• Is it possible to prevent truck driver fatigue altogether?
  While it may not be possible to completely eliminate truck driver fatigue, proper regulations, adherence to rest requirements, and ensuring that truck drivers are well-rested and fit for duty can significantly reduce the risk. Trucking companies also play a crucial role in monitoring driver hours and promoting safe driving practices.

Call Today and Let Us Start Your Case Today

Not all truck drivers follow the rules. There are some occasions when trucking companies encourage their drivers to bypass federal regulations to meet deadlines or make a profit. If you suffered a serious injury after being involved in a truck accident with a fatigued truck driver, we can investigate the collision and gather evidence necessary to build an effective and personalized case strategy. With millions of dollars recovered for our clients, we are confident that we can produce the same results for you.