DC Truck Driver Fatigue Accident Attorney
Large trucks constitute a lot of the traffic on the road in DC, and they are responsible for a great many accidents and injuries in the District of Columbia.
If you have been injured in a traffic accident due to the exhaustion of a truck driver, a DC truck driver fatigue accident lawyer can help you fight for the compensation you deserve. Call today to schedule a consultation and discuss your case with a DC truck accident lawyer.
Causes Of Truck Driver Fatigue
Many truck drivers move goods long distances over long time periods, and the stress and exhaustion people feel from working long hours applies to truck drivers just as it does to any other worker, except with truck drivers the consequences can be dire. Some factors that contribute to driver fatigue include:
- Not getting enough sleep at night (in order to spend more time driving)
- Being in the last hours of a long shift, where awareness and reaction time is reduced
- Exhaustion from a long-term pattern of sleeplessness and long hours
- Coffee or other stimulants wearing off, causing sudden fatigue
While there are regulations in place governing how many hours truck drivers can work in a given week and mandating certain rest periods, these rules may not always be followed. Fatigue resulting from any cause quickly becomes dangerous if a massive truck is involved.
About Truck Driver Fatigue
Driver fatigue is caused by driving long distances for long periods of time often due to working in an industry where pay and job security are dictated by how fast deliveries and pick-ups can be made. If a truck driver refuses to make a delivery due to exhaustion or following federal regulations known as hours of service (HOS), they may risk losing their job or missing a large paycheck. As a result, an accident can sometimes take place.
Following an Accident
DC truck accident lawyers will fight hard for victims of accidents, and there are some steps individuals can take to help strengthen their efforts. The more evidence accident victims collect about the circumstances of the accident and its impact on their life, the more effectively they will be able to bring a case against those responsible. Information individuals should record includes:
- Police report of the accident
- Pictures of the accident
- Any medical bills resulting from the accident (hospital visits, prescriptions, braces, and crutches, etc.)
- Any change in their quality of life (lack of mobility, pain, stress)
Those who have been victims of a truck driver’s negligence, collecting as much evidence as possible can increase their chances of holding the responsible party accountable.
DC Negligence Law
Negligence is defined as failing to use proper caution and watchfulness to prevent causing injury or property damage.
D.C. uses the pure contributory negligence doctrine, which does not allow the suing party to claim damage if they had any fault in causing the accident – even if the other party involved had a significant amount of fault.
Contributory negligence holds that a person seeking compensation caused by the negligence of another cannot recover if they themselves are negligent, even a scintilla.
Negligence has five elements and each of them must be proved to be awarded damages.
- Duty of care: A person has a legal obligation to perform in a reasonable and prudent manner with the watchfulness, caution, and attention that a reasonable person would use in a similar situation
- Breach: An act, or failure to act, that is in violation of duty of care
- Causation: The breaching act caused the accident
- Proximate cause: A specific and foreseeable event happened
- Damages: The plaintiff suffered actual financial loss
Both economic and non-economic damages may be claimed. Common noneconomic damages are disfigurement, pain and suffering, emotional distress, mental anguish, and loss of consortium.
Economic damages are a loss of present and future wages, medical care, therapeutic treatments, disability, lost wages, and punitive damages if the negligent act was egregious.
A DC truck fatigue accident lawyer is experienced in dealing with trucking companies and negotiating with them. The lawyer is a determined advocate for those who have been harmed by truck drivers and trucking companies that violate federal regulations.
Contacting a DC Truck Driver Fatigue Lawyer
Dealing with the physical, mental, and financial hardship of being an accident victim can be overwhelming if faced alone, but you do not have to face it alone. Call DC truck driver fatigue accident lawyers today.
A DC truck driver fatigue accident lawyer will be able to take many steps to help work towards the compensation you deserve. A dedicated lawyer can:
- Search for and present evidence that the truck driver was working past the maximum allowable time for driving
- Work to discredit any counterclaims that the driver’s personal attorneys or the company lawyers might attempt to bring against you
- Stay apprised of all the developments in your case and keep you informed
- Use their knowledge of local statutes and precedents to enhance any possible compensation