Truck Accidents Where Driver Fatigue is a Contributing Factor
Driver fatigue is a dangerous condition characterized by symptoms of fatigue experienced while driving, and it is the cause behind many motor vehicle accidents that cause serious injuries to drivers and passengers. The fatigue is brought on by a hypnotic, sleep-inducing effect that peaks at nighttime, causing a driver to fall asleep at the wheel or begin driving erratically, endangering himself and other motorists. Injuries sustained in driver fatigue-related crashes tend to be more severe because of the delayed reaction time of a fatigued driver. A fatigued driver may fail to maneuver his vehicle in time to avoid a crash. If you have been injured in accident in Denver that was due to driver fatigue, you should consult with a Denver personal injury attorney to see what legal recourse is available to you.
Risk Factors
Peak times for driver fatigue accidents are the early morning hours of 2 AM and 6 AM and mid-afternoon around 2 PM. Truck drivers who fail to take rest stops have slower reaction time than those who do. Drivers who work the night shift are also at a higher risk for driver fatigue. According to a study conducted by the Adelaide Center for Sleep Research, drivers who are awake for 24 hours have the driving capability of a person with blood alcohol content of 0.1 g/100 ml, and are seven times more likely to have an accident.
Warning Signs
Signs of driving fatigue include:
- Frequent yawning,
- Heavy eyelids,
- Seeing things “jump out” in the road,
- Daydreaming,
- Becoming fidgety or irritable,
- A vehicle drifting over road lines,
- Vehicle speed that changes for no specific reason, and
- Misjudging traffic situations.
A driver should immediately pull over if he experiences even one of these symptoms.
Federal Regulations
Federal Motor Carrier Safety Administration (FMCSA) regulations strictly prohibit any driver from operating a truck or any other commercial vehicle while his alertness or ability is so impaired, or likely to become impaired, due to fatigue, illness or any other cause, that he is unable to safely continue driving. In the event of a grave emergency where ceasing operation of the vehicle would poses a danger to occupants in the truck or other motorists or pedestrians, the driver may continue to drive his vehicle to the nearest place where the danger is removed.
Why You Need an Attorney
A qualified Denver personal injury attorney can review the events pertaining to your accident and determine if you have a case that can be won. The attorneys at the O’Connell Law Firm, P.C. have a successful track record for handling truck accident cases. They have a knowledge of federal and state trucking rules and regulations and truck safety requirements. They also possess an understanding of the legal strategies involved in working truck accident cases. Getting you the largest possible settlement and holding liable parties accountable is their priority. Contact their office for a free initial consultation as soon as possible.
