Should I Worry About Fatigued Truck Drivers?

Since the coronavirus pandemic ended, the Federal Motor Carrier Safety Administration has repeatedly diluted HOS (hours of service) requirements, such as the definition of rest. Previously, according to the FMCSA, resting usually meant sleeping or at least napping. Now, in most situations, the r-word means “not driving.” These activities include pumping gas, loading and unloading freight, filling out paperwork, and other tasks which are clearly not restful.

So, instead of sleeping during mandatory break times, most drivers keep working. Therefore, these operators are seriously fatigued. The duty of care requires truckers, and all other vehicle operators, to be at their best when they get behind the wheel. If a breach of care causes injury, a Maitland personal injury lawyer can obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

To obtain compensation, a Maitland personal injury lawyer must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

We touched on the basic elements of a negligence claim above. Now, let’s take a closer look at the duty of care in these cases. The duty of care is basically the foundation of a negligence case.

Most noncommercial drivers have a duty of reasonable care. They must avoid accidents if possible. Most Florida truckers have a duty of utmost care. They must go the extra mile to avoid vehicle collisions.

Driving in the rain illustrates the difference between a duty of reasonable care and a duty of utmost care. During heavy rain, noncommercial drivers must slow down and be more careful. Arguably, truckers have a duty to pull over and wait for the rain to stop, or at least slack off, before they can safely operate their rigs.

In terms of proof, two items most people have never heard of, an Electronic Logging Device and a Safety Measurement System report, are often the most important bits of evidence in a drowsy truck driver case.

The ELD is an onboard computer which tracks HOS compliance. Usually, the ELD is attached to the drivetrain. So, when the truck is in motion, the ELD clock is running. If the HOS number is consistently high, most jurors would agree that the driver at least flirted with negligence.

Additionally, when the truck isn’t moving, the driver usually isn’t resting, as outlined above. A Maitland personal injury lawyer highlights this fact during witness cross-examination.

An SMS report is a combination of a multistate drivers’ license and, for purposes of this post, a medical record. Most SMS reports include information about sleep apnea, a condition that affects many truck drivers who sit for long periods of time. People with sleep apnea essentially nap all night. So, when they wake up, they’re fatigued.

Third Party Liability

Vicarious liability is much easier to establish than first-party liability, thanks to the respondeat superior rule. This doctrine states that employers are financially responsible for damages if their employees are negligent during the course and scope of employment.

This rule usually applies to truck drivers and shipping or transportation companies. Frequently, the driver is an independent contractor or owner-operator for most purposes. However, drivers are generally employees for negligence purposes. The shipping, transportation, or other company controls some aspects of driver behavior.

Third party liability is very important in truck accident claims. These collisions cause such serious injuries that most victims must tap an additional source, other than the truck driver’s insurance company, to obtain fair compensation for their losses.

Count on a Hard-Working Orange County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Maitland, contact Goldman Law, P.A. Our main office is conveniently located on Maitland Boulevard near Interstate 4.