Truck drivers are subject to federal hours of service regulations due to the nature of their profession. These regulations limit the number of hours truckers can be behind the wheel.
Driving for long hours without adequate rest will lead to physical and mental exertion. As a result, a fatigued driver is more likely to cause an accident, putting their lives and those of other motorists at risk.
However, it raises a pertinent question. How can you prove that a trucker was fatigued when the accident happened? It can be a crucial pointer as to who was at fault for the accident.
The police report
Police reports are considered objective. If the police notice signs of sleep deprivation or fatigue, they could be indicators of fatigue and could help your case. Witness testimony from people interviewed by the police could help paint the circumstances that led to the crash.
The truck’s log book and black box
Truckers are required to keep a logging device or records stating times they have been on and off the road. Scrutinizing such information could help you ascertain whether the trucker was working within the hours of service.
Evidence of the crash
How the crash happened can also help. For instance, if there was no avoidance of collision or the driver directly swerved into your lane, it might show they were asleep or distracted behind the wheel, a telltale sign of fatigue.
Look beyond driver fatigue
While driver fatigue is responsible for most truck accidents, you should not ignore other possible reasons like mechanical failure or defective car parts. The endless possibilities and several potentially liable parties make a trucking accident claim somewhat complicated.
If you or a loved one are involved in a truck accident, it is advisable to have the necessary help when handling your claim. It can get overwhelming, but the proper guidance can improve your chances of getting a fair settlement.