If you were injured in a wreck involving a commercial truck, there is a good chance the trucker was tired. The National Transportation Safety Board has flagged truck driver fatigue as a frequent contributor to accidents.
The skilled attorneys at Colling Gilbert Wright frequently represent the victims of fatigued truck drivers in Orlando accident cases. We are also known as The Florida Firm because of our outstanding record of success and commitment to the Central Florida community. Other lawyers and professionals in the area turn to us when they need a lawyer to represent them in a serious injury case.
Why Is Fatigue So Dangerous for Truck Drivers?
When a truck driver is fatigued, they risk inflicting severe or even fatal injuries on others. Modern trucks have advanced safety technology, including lane-departure alarms and cameras to supplement the images in the truck’s mirrors. Even so, the driver must keep track of surrounding traffic and maintain acute situational awareness at all times.
A fully loaded tractor-trailer traveling at highway speed could require up to six seconds and travel more than 500 yards before coming to a complete stop. If there is even a split second of delay in perceiving the need to apply the brakes, it could mean life or death for others on the road.
Truckers Have Incentives to Drive While Fatigued
Trucking is a competitive business, and transportation companies may pressure drivers to meet unrealistic delivery schedules. Truckers may be reluctant to rest when they are tired, risking their own and others’ safety to meet their employers’ expectations.
Truck driver fatigue is such a big problem that our Orlando truck crash attorneys always consider it a possible contributor to an accident. They will investigate whether a trucking company’s scheduling practices put undue pressure on drivers to delay rest. If so, the trucking company may be liable for your injuries.
Defying Working Hours Rules Is Evidence of Negligence
Drivers who haul goods between states are subject to strict hours of work rules. They allow drivers to operate their rigs for 11 hours within a 14-hour on-duty window. There are requirements for periodic daily breaks, and drivers must have at least 10 consecutive hours off-duty before driving again.
Florida Statutes § 316.312 applies to truckers who operate only within the State of Florida. They have a 16-hour per day on-duty limit and may drive for 12 of those hours.
The work hours rules are meant to reduce driver fatigue and prevent accidents. Drivers must keep an electronic log that tracks their driving time. Our Orlando attorneys will examine this log to confirm the truck driver was compliant with the applicable working hours rules. Non-compliance is evidence of driver negligence and could trigger liability for a crash.
Drivers Can Be Negligent While Observing the Rules
Even when a driver obeys the regulations precisely, they still may be driving while fatigued, especially if they are feeling ill or taking medication. Truck drivers have a legal duty to use the utmost care to avoid injuries to others on the road. If a driver operated their vehicle while fatigued, they may be negligent even if they adhered to the work hours rules.
Claiming Compensation After a Crash
When you suffer serious injuries caused by someone else’s negligence, you are entitled to compensation or damages. The negligent parties must pay your out-of-pocket losses and compensate you for your pain and suffering. An Orlando drowsy truck driver accident attorney will explain how to document your losses to prove your damages.
Your economic damages include your medical bills, lost income, and incidental expenses. You can also claim future losses like ongoing medical care and a diminished earning ability. Pain and suffering damages provide financial compensation to acknowledge your physical pain, disability, emotional distress, and other consequences of the accident that impact your quality of life.
At The Florida Firm, we have a stellar reputation for obtaining substantial damages for injured people. We are tough negotiators and can usually reach a fair settlement. If the defendants do not make an acceptable offer, we do not hesitate to take the case to trial and make your case to a jury.
Contact Our Orlando Attorneys If You Were Hurt in a Wreck Caused by a Tired Truck Driver
The attorneys at The Florida Firm provide exceptional representation to victims of fatigued truck drivers in Orlando accidents. Contact us today to schedule a free consultation, and let us put our skills and experience to work for you.