Truck driver fatigue is a serious offense that a Broken Arrow, OK truck accident lawyer has seen in too many past cases. Commercial truck drivers by law are required to abide by hourly limits and must take periodic rest breaks. They are actually mandated to take a break after driving for 11 hours straight, when that duration happens after taking 10 consistent hours off the clock. Truckers must stop driving once they have reached 14 hours in one sitting. They are not supposed to operate their vehicle for more than 60 hours in a week or exceed 70 hours within 8 days. If you were involved in an accident with a commercial truck, we strongly encourage you to contact our team at Wandres Law, PC for further assistance.
Despite there being regulations at the state and federal level for truck driving safety, problems still do occur. Firstly, it is possible that a truck driver may get drowsy even when abiding by the law. As a Broken Arrow truck accident lawyer explains, a trucker could drive fatigued and jeopardize those around them even after an hour of driving. But the more a truck driver violates the set rules and regulations, the more likely they are to be in an accident. Secondly, the realities of the situation are that drivers may not have a regular schedule, so they may not be able to establish a healthy sleeping pattern. Yes, a trucker must take a break after driving for a certain period of time, but no one can enforce whether they use this time to rest.
Truck drivers may be put under immense pressure to get to their destination as quickly as they can, even if that means violating state and federal limitations. An employer is supposed to strictly abide by these rules, but may instead create a culture that favors breaching trucking regulations to achieve an earlier delivery time. Trucking companies may set unreasonable deadlines, which can influence truck drivers to engage in behaviors that cause accidents, such as speeding or working additional hours without sufficient breaks. If a truck driver gets paid by the mile instead of the hour and then gets delayed from construction, another accident, or traffic, they may feel financially strained and forced to make up for lost time.
When a driver of a car is on the road, they can often be intimidated driving near large trucks, particularly those carrying cargo. Anything large and going quickly can be scary to be around, but especially on winding roads or in bad weather conditions, it can make driving near a truck even scarier. Additionally, it is difficult, if not impossible, to know the mental and physical state the truck driver is in, whether they have gone hours without sleeping, eating, or are distracted by their phone or the radio. If you have recently been in an accident that involved a truck and you need help, reach out to Wandres Law, PC for help today.
When you are the passenger in an accident things can automatically feel a bit more complicated. Whether it was a regular fender bender or something more serious, like a truck accident, you may be wondering if you have the right to file a claim for compensation. One of your first questions may be this: could someone blame you for the accident?
Typically, a passenger will not be blamed for the accident occurring. If you were not behind the wheel of one of the vehicles it is unlikely you would be responsible, though there are exceptions. If you were injured in any way during the truck accident and you were a passenger in the car, you have a right to file a claim for compensation.
As your trusted Broken Arrow truck accident lawyer knows, you may have a complicated case ahead of you as a passenger. It is possible that both the driver of the car you were in and the truck driver were responsible for the accident. Additionally, if there were third parties involved–the manufacturer of the truck parts, the trucking company, or the company who loaded cargo into the truck–then your lawyer may have their work cut out for them. It will be up to your lawyer to research who was involved in the accident, who or what caused the accident, and then file a claim with the responsible party. Further, it is also possible that more than one party is responsible for the accident occurring and thus you will need to file a claim against more than one person.
Truck accidents can happen for many reasons, whether it is caused because of inclement weather, poor driving on the trucker’s part, or because the company who maintains the truck did not ensure the truck was safe. Your lawyer will examine the details of the case to ensure you get the justice you deserve.
Sleepy truck drivers present a serious risk on the roadway, and this factor alone can cause an accident to happen. Then add to the fact that a trucker may be speeding to get to a destination on time or partaking in other behaviors that violate federal and state regulations. If you were hit by a truck driver and suffered from injury and property loss, then contact our team at Wandres Law, PC for counsel. Once a Broken Arrow truck accident lawyer assesses the accident, they can help you hold the offending parties liable. You deserve compensation for all you have been through, so please call or email today.