Asleep at the Wheel: When Driver Fatigue Leads to a Serious or Fatal Truck Accident

Truck drivers often spend long hours on the road. Federal trucking regulations allow truck drivers to log up to 60 hours per week, and not all trucking companies and truck drivers follow the law. As a result, fatigue is a very real issue, and federal data show that more than 10 percent of all commercial truck accidents involve a truck driver who was either drowsy or asleep behind the wheel.

If you need help after a serious or fatal truck accident involving a driver who was either drowsy or asleep behind the wheel, you should talk to an experienced Florida truck accident lawyer promptly. Drowsy driving is negligent driving, and trucking companies can generally be held accountable for their truck drivers’ negligence.

Common Signs of Truck Driver Fatigue

In cases involving serious and fatal truck accidents, various factors can serve as signs of truck driver fatigue. Multiple studies have shown that fatigue can impair a person’s ability to drive safely—from increasing their reaction time to reducing their field of vision.

Of course, if a truck driver is asleep at the wheel, then the truck is entirely out of control. Falling asleep behind the wheel of an 18-wheeler or another large commercial truck is extraordinarily dangerous, and it can have devastating consequences for accident victims and their families.

Whether a truck driver was drowsy or asleep at the time of an accident, there will often be several signs that this was the case. For example, some of the most common signs of truck driver fatigue include:

• Drifting out of the truck driver’s lane
• Running red lights and stop signs at full speed
• Losing control under circumstances in which control should have been maintained
• Failing to maintain a consistent speed (or speeding excessively)
• Failing to brake in time to avoid a collision (or failing to brake at all)

These issues, among others, can all leave other motorists helpless to protect themselves. While any accident involving a driver who is drowsy or asleep can be dangerous, these accidents can be especially dangerous when the drowsy or sleeping driver is behind the wheel of a truck weighing 30,000 pounds or more.

Proving that a Truck Driver was Asleep at the Wheel

Seeking just compensation for a serious or fatal truck accident based on driver fatigue requires proof that the truck driver was drowsy or asleep behind the wheel. So, if the truck driver who hit you or your loved one was nodding off (or fast asleep), how can you prove it?

While individual circumstances vary, there are several potential ways to prove that a truck driver was fatigued at the time of a collision. For example, it may be possible to prove that a truck driver was fatigued using evidence such as:

• The truck driver’s statements to the police
• The truck driver’s statements under oath after the collision
• The truck driver’s posts on social media or text messages to coworkers or family members
• The truck’s “black box” data (which could show that the driver was not in control of the truck at the time of the collision)
• Traffic or surveillance camera footage of the truck in the moments leading up to the collision

These are just examples. Once you hire an experienced Florida truck accident lawyer to represent you, one of your lawyer’s first priorities will be to conduct a comprehensive investigation. After filing a lawsuit on your behalf, your lawyer can also seek to take the truck driver’s testimony under oath, and your lawyer will be able to seek to obtain the truck driver’s driving logs and other internal records from the trucking company.

What if You Can’t Prove a Truck Driver Was Asleep at the Wheel?

Let’s say you can’t prove the truck driver was asleep. Even though the truck’s movement prior to the crash was consistent with having a drowsy or sleeping driver behind the wheel, you cannot definitively prove that fatigue played a role in the crash. What are your legal options in this scenario?

Even if it isn’t possible to prove that the truck driver was asleep, it may still be possible to establish liability through a variety of other means. For example, all of the issues we listed above can serve as grounds to file a claim regardless of whether they are related to fatigue. If the truck driver who hit you or your loved one was speeding excessively, ran a red light or stop sign, drifted out of his or her lane, or made any of the other mistakes listed above, these can all serve as grounds to file a claim based on negligence. From traffic or surveillance camera footage to forensic evidence and eyewitness testimony, various forms of evidence may be available to prove that you are entitled to just compensation.

The Costs of Serious and Fatal Truck Accidents Can Be Substantial

Speaking of just compensation, what is “just” when you are facing the life-altering consequences of a serious or fatal truck accident?

Here, too, the answer depends on the specific circumstances of your case. While truck accident victims and families are generally entitled to compensation for their financial and non-financial losses, these losses can vary widely from one victim’s or family’s circumstances to the next. In all cases, however, the costs of a serious or fatal truck accident can be substantial, and when you sit down with an experienced Florida truck accident lawyer, your lawyer will be able to provide a preliminary assessment of the damages you may be entitled to recover.

Discuss your Legal Rights with a Florida Truck Accident Lawyer for Free

If you need to know more about filing a claim for a serious or fatal truck accident in which you suspect that fatigue was a factor, we invite you to get in touch. To schedule a free consultation with an experienced Florida truck accident lawyer as soon as possible, call 800-780-8607 or tell us how we can reach you online now.