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Can I Claim Compensation For Injuries From an Accident Involving a Drowsy Truck Driver?

Posted on in Truck Accidents

Rockford truck accident lawyerDrowsy driving is a common issue across America. In a society where people want what they want when they want it, trucks - the way most consumer goods are transported across the country - run nonstop, causing many people not to get the sleep they need. Unfortunately, this has shown to be dangerous. According to the Federal Motor Carrier Safety Administration (FMCSA), there were an estimated 499,000 motor vehicle crashes involving large trucks in 2018, which is the latest information available. Of those, the National Highway Traffic Safety Administration (NHTSA) estimates that there were around 785 fatalities from drowsy truck drivers in 2018. Drowsy driving can be difficult to prove, but an Illinois truck accident injury lawyer can help.

Truck Drivers Must Abide By Rules

Even though you are just sitting in a seat, it can be exhausting to keep your attention on the road for hours at a time. If you drive for too long, it can dull your senses and almost lull you to sleep at times. This is why the FMCSA put rules into place that strictly govern the hours that a truck driver is allowed to drive. If a truck driver is only carrying cargo, they must adhere to rules including:

  • Only driving up to 11 hours after 10 consecutive hours off duty;

  • Not driving past 14 consecutive hours in any circumstance after coming on duty;

  • Taking a 30-minute break from driving after eight hours of cumulative driving;

  • Not driving after 60 or 70 hours on duty in seven or eight days, respectively; and

  • Only restarting a new driving period after taking at least 34 consecutive hours off duty.

Claiming Compensation For Broken Rules

The average semi-truck weighs anywhere from 40,000 pounds and up, whereas the average passenger motor vehicle only weighs 3,000 or 4,000 pounds. If you have been in an accident with a large truck, chances are you are the one who is suffering from the injuries. Most motor vehicle accidents are preventable, including those involving drowsy drivers. If you suspect the truck driver was drowsy at the time of the accident, your attorney will gather evidence to support your claim, which may include:

  • Text message or cell phone call history

  • GPS history

  • Electronic logging information (many trucking companies use this now)

  • The driver’s logbook where he or she records start times, stop times and break times

Our Rockford, IL Truck Accident Injury Attorney is Here to Help

If you have been injured in any type of motor vehicle accident, the first step toward claiming compensation is speaking with a knowledgeable Winnebago County truck accident injury attorney. At Mannarino & Brasfield, A Division of KJS, we understand how complex truck accidents can be and will use our knowledge and experience to help you get the compensation you deserve. To begin discussing your case, call our office today at 815-215-7561 to schedule a free consultation.

 

Sources:

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-09/LTBCF%202018-v5_FINAL-09-15-2020.pdf

 

https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations

 

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