Fatigued Truck Drivers in Harrisonburg Accidents
Just about everyone these days is aware that alcohol, controlled substances, and even some prescription medications can seriously impair your ability to safely operate an automobile. What many people are not yet aware of, though, is that an extreme lack of sleep can affect your reaction time, motor control, and overall awareness just as much as drinking or using drugs can—and accordingly, it can increase your risk of getting involved in an auto accident if you drive while in that state.
Because commercial truck drivers work such long hours and spend most of their workdays on the road alone, they are at particularly high risk of being dangerously tired behind the wheel. If you were injured by a fatigued truck driver in a Harrisonburg accident, you may be able to use the driver’s physical condition as grounds for a civil lawsuit. Help is available with doing so from the experienced truck accident attorneys at Price Benowitz.
What Are the FMCSA’s Hours of Service Regulations?
In the interest of preventing overly fatigued truck drivers from causing avoidable collisions, not just in Harrisonburg but all across the United States, the Federal Motor Carrier Safety Administration (FMCSA) has established rules for how long commercial truckers are allowed to be on shift within specific periods of time. These maximum limits include:
- 11 total hours of driving in a day, reset by at least 10 consecutive hours off-duty
- 14 total hours on-duty in a day, reset by at least 10 consecutive hours off-duty
- Eight consecutive hours of driving, reset by a break of at least 30 minutes
- 60 total hours on-duty within any seven-day period, reset by at least 34 consecutive hours off-duty
- 70 total hours on-duty within any eight-day period, reset by at least 34 consecutive hours off-duty
Any truck driver or trucking company that violates these rules, accidentally or intentionally, has violated the duty of care they owe to other people on public roads, and could be held civilly liable for any harm any other person experiences because of that misconduct.
Important Evidence in Fatigued Truck Driver Crash Claims
Another important FMCSA rule to know about in the context of fatigued truck driver wrecks in Harrisonburg is the electronic logging device (ELD) requirement. As of 2017, the vast majority of commercial truck drivers are required to use FMCSA-approved ELDs to automatically track their on-duty, off-duty, and driving time, with paper logbooks being accepted only as temporary stopgaps in the event of an ELD malfunction.
In theory, this should mean that there is always objective evidence to refer back to in the event that a truck driver causes a crash due to extreme fatigue. However, certain truckers are exempt from this rule and others may knowingly fail to comply with it, meaning that a successful lawsuit over this type of wreck may include to incorporate other forms of evidence paper logbooks, telemetry data from a truck’s onboard “black box,” and surveillance/dashboard camera footage, all of which a capable lawyer can help obtain and make effective use of if needed.
A Harrisonburg Attorney Can Help Hold a Fatigued Truck Driver Liable for an Accident
Whether they just did not get enough sleep the night before, acted irresponsibly while off-duty, or are being forced to violate FMCSA regulations by an unscrupulous employer, an extremely tired truck driver is an extremely dangerous thing to encounter on a public road. Fortunately, all those scenarios could potentially serve as grounds for civil litigation, which could in turn help you recover financially, physically, and psychologically from a high-speed tractor-trailer wreck.
A member of the Price Benowitz team can further explain the role of fatigued truck drivers in Harrisonburg accidents as well as the ins and outs of the civil lawsuit process during a free case evaluation. Schedule yours by calling today.
