When an individual is driving while overtired, it makes it easier for them to lose control of their vehicle and cause an accident. The most common reasons for truck driver fatigue are not getting a good night’s sleep, working too many hours, and the person not taking care of their body to allow for proper sleep.
If you or a loved one were injured in a truck collision caused by an overtired driver, you might be entitled to compensation. A Norwalk truck driver fatigue accident lawyer could fight for you and help you recover the damages that you deserve. Contact an accomplished truck collision attorney today.
Rules and Regulations to Prevent Truck Driver Fatigue
The rules and regulations that are in place to prevent truck driver’s fatigue are that truck drivers are mandated by federal law as to how long they are able to continuously drive as well as the number of hours they are able to drive in a week.
A truck driver is allowed a period of 14 consecutive hours in which to drive up to 11 hours after being off-duty for ten or more consecutive hours. The 14-consecutive hour driving window begins when the person starts any kind of work.
It is not a crime to choose to drive while too tired. However, it is a motor vehicle violation to drive while fatigued. Driving while fatigued can qualify as being a reckless driver. This reckless conduct of driving while fatigued could subject someone to a criminal penalty of reckless driving.
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Common Accidents Due to Overtired Driving
Driving while tired can lead to many serious types of crashes. A person who is driving while fatigue could cause a rear-end collision, rollover accident, jackknife accident, side-impact collision, and more. An overtired truck driver could commit a traffic violation that leads to a severe crash. The ramifications involving fatigued driving are much more serious with trucks because of the weight and size of the truck itself.
The deadline to file in Connecticut
Connecticut law generally gives you two years from the date the injury is sustained or discovered to bring a claim, and in most cases no more than three years from the act or omission complained of, even if the injury is discovered later. That deadline comes from Conn. Gen. Stat. § 52-584.
How shared fault affects your claim
Connecticut follows modified comparative fault under Conn. Gen. Stat. § 52-572h: when the victim and the defendant share fault, the court reduces recoverable compensation by the victim's percentage of fault, and a victim whose share of fault is more than 50 percent may not recover at all.
Frequently Asked Questions
What are the most common reasons for truck driver fatigue?
The most common reasons for truck driver fatigue are not getting a good night's sleep, working too many hours, and not taking care of the body to allow for proper sleep.
What rules and regulations are in place to prevent truck driver fatigue?
Truck drivers are mandated by federal law as to how long they are able to continuously drive as well as the number of hours they are able to drive in a week. A truck driver is allowed a period of 14 consecutive hours in which to drive up to 11 hours after being off-duty for ten or more consecutive hours. The 14-consecutive hour driving window begins when the person starts any kind of work.
Is it illegal to drive while fatigued?
It is not a crime to choose to drive while too tired. However, it is a motor vehicle violation to drive while fatigued, and driving while fatigued can qualify as being a reckless driver, which could subject someone to a criminal penalty of reckless driving.
What types of accidents can be caused by overtired truck driving?
Driving while tired can lead to serious crashes such as a rear-end collision, rollover accident, jackknife accident, and side-impact collision, among others.
Who can be held liable for a truck accident caused by driver fatigue?
Driver fatigue can influence liability because long haul trucks may have equipment that indicates whether someone was driving while fatigued, including measures like braking patterns and steering directions. The trucking company could be found vicariously liable for the actions of their driver, and some truck companies pressure their drivers to work through breaks, which could cause fatigue—in that case, the trucking company could be held liable.
Assigning Liability
Driver fatigue can influence driver liability because long haul trucks are equipped with special equipment that could indicate whether or not someone was driving while fatigued. Aspects that could be measured include braking patterns and steering directions, which will be able to indicate whether the truck driver had dozed off or not. The trucking company could be found vicarious liability for the actions of their driver, who is considered to be their agent.
After a wreck, a truck driver fatigue accident lawyer in Norwalk could gather and preserve evidence as quickly as possible. Once an attorney reviews the facts of the case, they could establish negligence and determine if there are multiple defendants.
Some truck companies pressure their drivers to work through breaks, which could cause truck driver fatigue. In this case, the trucking company could be held liable.
A Norwalk Truck Driver Fatigue Accident Attorney Could Help
A truck driver driving while fatigue can lead to a severe collision. If you were injured in a wreck, you might want to seek the services of a compassionate and dedicated Norwalk truck driver fatigue accident lawyer. Call today to get started on your case.