It’s because of the rising concerns surrounding fatigued truck driving that a few years back the Federal Carrier Safety Administration (FMCSA) put forward some regulations regarding new hours of service to curb the frequent truck accidents. These new hours of service make sure that the truck drivers were taking adequate breaks in between driving to ensure that they were well rested. Consult RSH Legal – Iowa Personal Injury Lawyers for more information.
There is a reason why the FMCSA took such a drastic measure, as nearly one and a half percent of truck accidents were a result of fatigued driving.
Since the matter is quite sensitive, and there is not really a yardstick by which you can measure how fatigued the driver was, investors often look at various factors to determine the liability. This mostly included factors like whether the driver was driving at night, during the afternoon, or whether there was just one truck driver in the vehicle. Another intriguing aspect often taken into consideration is whether the truck driver was under the influence since alcohol often makes one fatigued.
What are the hours of service?
According to the regulations by the FMCSA, drivers cannot drive for more than 11 hours after having a break of 10 hours. In addition, truck drivers also need to take breaks for about 30 minutes after every 8 hours of driving. Finally, a truck driver cannot drive for more than 60 hours in a week.
Note: in case a situation demands it, the truck drivers may be able to extend the working hours to 14 hours but there should be enough breaks in between.
As per medical records, the usual kinds of injuries one incurs in a truck accident are bruises, wounds, cuts, soft tissue injuries, broken bones, internal injuries, brain injuries, back and spinal injuries, amputations, and burns.
Who is liable for the damages?
Apart from the fatigued driver, the company can be held liable for letting the driver drive in such a situation. If it’s found that the company let the driver hit the road even after fulfilling his hours of service, the trucking company will be more responsible for the accident.
No matter what transpired that led to the accident, establishing the fact that the driver was fatigued is not easy, only an experienced attorney will be able to demonstrate that.