Fatigue is a common factor in commercial truck accidents. Truck drivers often spend long hours behind the wheel, and many truck drivers continue driving long after they should stop for a break. This can impair their ability to make smart decisions and respond to dangerous situations—and, in some cases, it can result in falling asleep at the helm.

When fatigue leads to commercial truck accidents, drivers and their employers can be held accountable. Fatigued driving is negligent driving, and negligence behind the wheel provides clear grounds for victims and their families to take legal action. How do you prove that a commercial truck driver was fatigued? Find out from an experienced Birmingham truck accident lawyer:

Proving that a Commercial Truck Driver was Fatigued

Even when there is no question that a commercial truck driver was negligent, taking legal action still requires proof of negligence. If you can’t prove that the truck driver was negligent, you won’t be able to recover the financial compensation you and your family deserve.

So, how do you prove that a truck driver was fatigued?

There are several possibilities. Depending on the circumstances, some examples of potential ways to prove that a truck driver was fatigued include:

  • The Truck Driver’s Statements at the Scene of the Accident – If the truck driver admitted to being fatigued or falling asleep behind the wheel, his or her admission could be key evidence in your commercial truck accident case.
  • The Truck Driver’s Hour Log – Commercial truck drivers are required to keep track of their hours so that they can comply with federal restrictions that prohibit spending too many hours behind the wheel. If the driver’s hour log shows that he or she had been driving for an extended period of time prior to the crash, this could help prove that he or she was fatigued. This is true even if the truck driver was in compliance with federal law.
  • The Truck’s GPS Data – If the truck’s GPS data shows that the truck driver had covered hundreds of miles in the hours leading up to the crash, this could also help with establishing a liability claim based on fatigue.
  • The Truck’s “Black Box” Data – Along with GPS data, commercial trucks often collect speed data, braking data, and other types of data as well. If these data are consistent with the impairing effects of fatigue (i.e., failing to maintain a consistent speed or braking harshly), this could help with establishing a liability claim as well.
  • The Trucking Company’s or Shipping Company’s Internal Records – The trucking company’s internal records could help confirm how long the truck driver was behind the wheel prior to the crash. Shipping manifests, bills of lading, and other similar types of documents can also be used to prove when truck drivers left with their cargo.
  • The Truck Driver’s Text Messages – If the truck driver sent text messages saying he or she was tired before the crash or admitted to being fatigued in a text message after the crash, the truck driver’s text messages could be key evidence as well.
  • Surveillance or Traffic Camera Footage – If a surveillance camera or traffic camera captured footage of the truck driver asleep behind the wheel in the moments leading up to the crash, obtaining this footage could be critical to proving your right to just compensation.

Even these are just examples. From forensic evidence at the crash site to the truck driver’s biometric data if he or she was wearing a smartwatch at the time of the collision, there are a variety of other potential ways to prove fatigue. Once you hire an experienced Birmingham truck accident lawyer to represent you, your lawyer will be able to conduct a comprehensive investigation and determine what evidence is available.

Proving Fatigue Isn’t the Only Way to Establish Liability for a Commercial Truck Accident

Importantly, if you suspect that fatigue played a role in your (or your loved one’s) commercial truck accident, proving fatigue may not be the only option for establishing your right to just compensation. When truck drivers are fatigued, they will often make mistakes such as:

  • Braking harshly, resulting in loss of control
  • Drifting out of their lane
  • Failing to timely identify hazards (i.e., road construction zones or debris in the road)
  • Failing to stop or swerve in time to avoid a collision
  • Running red lights and stop signs
  • Waiting too long to brake for slowing or stopped traffic
  • Other mistakes resulting in collisions that could (and should) have been avoided

These forms of negligence can provide clear grounds for commercial truck accident victims and their families to take legal action as well, and it may be possible to prove these forms of negligence even if it isn’t possible to prove fatigue. The same goes for brake failures, tire blowouts, and other non-driver-related factors. An experienced Birmingham truck accident lawyer will consider all possible causes of your (or your loved one’s) commercial truck accident and will fight to recover just compensation on your behalf by all means available.

Of course, a Birmingham truck accident lawyer can only help if you reach out, and important evidence can disappear if it isn’t preserved. With this in mind, if you are facing the life-altering consequences of a serious or fatal truck accident in Alabama, we strongly recommend that you contact a lawyer right away. You don’t need to know what happened or who is to blame—you just need to schedule a free consultation to start the process.

Schedule a Free Consultation with a Birmingham Truck Accident Lawyer Today

If you need to know more about seeking just compensation for a commercial truck accident in which you suspect driver fatigue was a factor, we strongly encourage you to contact us right away. To speak with an experienced Birmingham truck accident lawyer in confidence as soon as possible, call us at 205-855-2745 or tell us how we can reach you online now.