Commercial truck drivers routinely spend long hours behind the wheel. Federal regulations allow truck drivers to work up to 14-hour shifts, and many truck drivers routinely stay on the road through the night. Unfortunately, this means fatigue is a major issue, and many individuals and families need an experienced Birmingham truck accident lawyer to help them seek financial compensation for substantial accident-related losses.

When fatigued truck drivers cause serious or fatal truck accidents, they (and their employers) can be held liable. Like all drivers in Alabama, commercial truck drivers have a legal duty to ensure they operate their vehicles safely at all times. Fatigue can significantly impair drivers’ abilities, and this means that fatigue can provide clear grounds for victims and their families to take legal action following dangerous and deadly collisions.

Understanding the Effects of Truck Driver Fatigue

Fatigue negatively impacts truck drivers’ ability to stay safe in multiple ways. As the National Safety Council (NSC) explains, “[d]riving while drowsy is similar to driving under the influence of alcohol.” When truck drivers are fatigued:

  • Their reaction time increases;
  • Their hazard awareness decreases; and,
  • They lose the ability to stay focused on the task at hand.

As the NSC also explains, “[d]riving after going more than 20 hours without sleep is the equivalent of driving with a blood-alcohol concentration of 0.08%.” The NSC also warns about the dangers of fatigue, which can lead to “micro-sleep,” or nodding off behind the wheel. According to the NSC, “[i]n the 4 or 5 seconds a driver experiences micro-sleep, at highway speed, the vehicle will travel the length of a football field.”

In other words, driving while fatigued is extremely dangerous.

When truck drivers are fatigued, they are less capable of identifying potential accident risks and responding to them when they arise. Both of these factors increase the likelihood that fatigued truck drivers will cause accidents that could—and should—have been avoided. As a result, truck drivers are required to take a break when they are too tired to drive, and trucking companies and other businesses are required to help ensure that their drivers do not spend too many hours behind the wheel.

Proving that a Truck Driver was Fatigued

When a fatigued truck driver causes a serious or fatal truck accident, holding the driver (and his or her employers) accountable requires proof of liability. There are several potential ways to prove that a truck driver was fatigued at the time of a collision. Depending on the circumstances involved, some examples of the types of evidence that might be available include:

  • The Truck’s “Black Box” Data – Many large commercial trucks have onboard computers that track acceleration, braking, speed, and other driving data. If a truck’s “black box” data are consistent with fatigue-related effects, preserving the data could be crucial to recovering just compensation.
  • Traffic or Surveillance Camera Footage – If any traffic or surveillance cameras captured footage of the truck driver nodding off in the moments before the crash, preserving this footage could prove crucial as well.
  • Forensic Evidence (or a Lack Thereof) – Forensic evidence can play a key role in all types of truck accident cases. While tire marks can indicate that a fatigued driver slammed on the brakes too late, a lack of tire marks could also indicate that the truck driver failed to attempt to avoid the collision at all.
  • Statements from the Truck Driver or Eyewitnesses – If the truck driver admitted to being fatigued, his or her admission could serve as key evidence of liability. Likewise, if any witnesses can testify that the truck driver was exhibiting signs of fatigue, their testimony could serve as key evidence during the insurance settlement process or in court.
  • Driver Logs, Cell Phone Records, and Other Documentation – Driver logs, cell phone records, and other documentation may also be useful in proving that a truck driver was fatigued. For example, driver logs can show that a truck driver spent long hours behind the wheel, while cell phone records can prove that a truck driver was up late into the night.

Various other forms of evidence may also be available. Even if no single piece of evidence conclusively points to driver fatigue as the cause of a serious or fatal truck accident, the evidence as a whole may be sufficient to establish liability. When necessary, a Birmingham truck accident lawyer can also engage a sleep specialist, accident reconstructionist, and/or other experts to explain why the evidence shows that fatigue was a likely factor in the collision.

What if You Can’t Prove a Truck Driver was Fatigued?

What if you suspect that a truck driver was fatigued, but you can’t prove it?

While there are various ways to prove that fatigue played a role in a serious or fatal truck accident, it won’t necessarily be possible to prove fatigue in all cases. However, even if you can’t prove that a truck driver was fatigued, it may still be possible to prove various other forms of negligence.

Braking too harshly, failing to brake at all, and other common failures that are consistent with truck driver fatigue can also constitute negligence on their own. As a result, in many cases, it won’t be necessary to prove fatigue in order to seek just compensation. When you hire an experienced Birmingham truck accident lawyer to represent you, your lawyer will thoroughly assess all of the options for seeking financial compensation on your behalf.

Need to Know More? Discuss Your Legal Rights with a Birmingham Truck Accident Lawyer

If you need more information about seeking financial compensation for a serious or fatal truck accident in which you suspect the truck driver was fatigued, we encourage you to contact us promptly so we can help. To discuss your legal rights with an experienced Birmingham truck accident lawyer as soon as possible, call 205-855-2745 or request a free consultation online now.