FREE CONSULTATIONS AVAILABLE 508-762-4327

JJC: The Law Offices of Joseph J. Cariglia, P.C.
Email
Call
Don’t Stand Alone Against Big Insurance Companies – Our Team Will Fight To Win
Paul J. Franco, Ronald G. Gentle, Cherele L. Gentile, Daniel E. Shanahan, Ching V. Melodino and Richard Silvani

Truck Driver Fatigue As A Cause Of Accidents In Worcester

Truck driver fatigue is one of the most common factors involved in truck accidents throughout Central Massachusetts. Exhaustion can severely limit any driver’s ability to react on the road, especially on high-traffic interstate highways such as the Mass Pike (I-90), I-495 and I-290. For commercial truck drivers who operate massive vehicles, this can run the risk of near-fatal accidents and injuries.

If you or a loved one were in an accident caused by truck driver fatigue, it’s important to seek experienced legal counsel. Since 1961, our personal injury lawyers at The Law Offices of Joseph J. Cariglia, P.C., have been fighting for those injured in these types of accidents. Our team has successfully recovered millions of dollars for our clients in claims against large corporations and trucking companies, and we are ready to advocate for your right to fair compensation.

Federal Rules Exist To Prevent Truck Driver Fatigue

When it comes to motor vehicle safety, truck driver fatigue is a serious concern. So much so that the Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules for commercial vehicles in order to avoid undue truck driver fatigue, such as:

  • Limited hours of service (HOS): One can only drive for a maximum of 11 hours each day. Truck drivers also cannot drive past the 14th consecutive hour on duty within a day. They must take specific, mandated off-duty periods – including sleep breaks – to ensure they have enough rest before resuming operation.
  • Accurate record keeping: All time spent working must be logged correctly. “On-duty time” includes non-driving activities, such as the time spent loading and unloading cargo, supervising loading and remaining in readiness to operate.
  • Not operating while sick: Operating a commercial vehicle while ill can be just as dangerous as driving while fatigued, and federal law considers it a serious violation of safety standards.

In short, no driver can legally operate a commercial motor vehicle if their ability or alertness is likely to become impaired by truck driver fatigue. Falsifying logbooks and skipping rest breaks are violations of federal laws. Pushing truck drivers beyond their HOS limits is also a violation on the part of truck companies. If courts find that these violations were factors that led to your truck accident, you have grounds to file a claim against the truck driver and their company for negligence.

Establishing How Negligence Caused The Accident

Proving negligent truck driver fatigue requires more than just noting that the driver seemed tired at the scene. It involves a detailed, forensic investigation into the trucking company’s records, including:

  • Electronic logging devices (ELDs): These digital devices track a truck driver’s hours, speed and time spent driving. This can show when drivers missed mandatory rest breaks or went over driving limits. This can establish a pattern of negligence that may have directly led to your truck accident.
  • Logbooks and financial records: Our attorneys can examine paper and electronic logbooks, cross-referencing them with fuel receipts, toll records, weigh station tickets and even payroll records. Discrepancies between these records may be able to show if a truck driver or their company intentionally falsified their records.
  • Cell phone and GPS data: Cell phone records, including text messages or calls made around the time of the crash, can reveal if a driver was distracted or falling asleep. GPS tracking data can also reveal unauthorized stops or confirm that the driver was driving during mandated rest periods.
  • Maintenance logs: In some cases, the lack of proper maintenance on the driver cabin – such as poor heating/cooling or uncomfortable seating – can contribute to exhaustion. Our lawyers will review these records to determine if the company created an environment contributing to truck driver fatigue.

If the court finds the truck driver or the trucking company negligent because they allowed too much truck driver fatigue, they must compensate you for your damages. This can include your medical expenses, lost wages, and pain and suffering. Separately, the truck driver and the trucking company may also face severe administrative penalties from the FMCSA for their violations, such as massive fines and the suspension or revocation of the driver’s commercial license.

Let Us Help You Demand Accountability: Call Us Today

You do not have to fight for justice alone. Our attorneys, with decades of experience under their belt, are ready to fight with you. Our lawyers also work on a contingency basis, so you do not have to pay any upfront fees unless we successfully obtain compensation for you.

Schedule your free consultation with us today to figure out your next steps. Call us at 508-762-4327 or send us your questions through our online form.