Truck driver fatigue is a major public safety hazard. Trucking is a difficult profession, with long-haul drivers spending weeks away from home. Accidents caused by truck driver fatigue are such a safety risk that the federal government has limited the number of hours truckers can haul each day and week.
Contact Kaufman & McPherson if you are injured in a truck crash and suspect trucker fatigue is a cause. Our firm can search for evidence to support your claim. There are also steps you should take to improve the chances of receiving a fair shake in settlement negotiations. Give us a call to speak with a West Virginia truck accident lawyer today.
1. Document Your Interactions with the Trucker
A good first step is to document the accident, which includes your interactions with the truck driver. There are some common signs of truck driver fatigue, including:
- Uncontrollable yawning
- Bloodshot eyes
- Difficulty talking
- Unstable balance
Styrofoam coffee cups could come spilling out of the cab when the trucker exits. As you wait for the police to arrive, a trucker could also fall asleep on the side of the road. Note any of these facts and share them with your lawyer.
The trucker might also admit to driving all night. If possible, write down everything the trucker says to you. These statements can provide leads to investigate. We might even introduce the trucker’s statements into evidence.
2. Share Your Concerns with the Officer
Some truckers use illegal drugs to counteract the effects of fatigue. Amphetamine and even cocaine are popular drugs to keep long haulers awake. You can share any concerns you have with the responding police officer.
Realize that federal law also requires that truckers undergo drug tests after most accidents. Your attorney can request access to the test results. They might show the trucker was on amphetamines at the time of the crash. Drugged driving is another reason to sue a trucker for an accident.
3. Consult a West Virginia Truck Accident Lawyer
Your attorney can find other evidence of truck driver fatigue. For example, we might request access to the electronic logging device, which should show how long the truck was in motion. The data might show a trucker drove 16 straight hours, which is too long and against federal law.
In the past, truckers used paper logs to document the number of hours they drove each day. These logs were easy to falsify. Today, big rigs like 18-wheelers have “black boxes” that continually download data about the truck. These boxes are an important source of evidence for a truck accident claim.
An attorney knows how to put the trucking company on notice to preserve their data. We can find this evidence and use it to show the trucker was hauling all night when they crashed into you.
4. Receive and Continue with Medical Care
To receive compensation, an injured motorist needs certain evidence. In addition to proving the trucker was fatigued, you need to show damages. Go to the hospital for treatment and diagnosis.
You should also continue with your medical care. If you stop too soon, the trucking company might claim you are responsible for not getting well.
5. Document Your Damages
You can receive full compensation for all damages suffered in accidents caused by truck driver fatigue. A trucking company is usually on the other side of a case as a defendant, and they should have deep pockets to pay a settlement.
You can document your damages by preserving all medical bills and proof of lost income. Suppose you cannot work for 9 months as you rehab a broken leg and deal with a concussion. You should share pay stubs or other proof of income with your legal team. We can calculate how much lost income to request.
We also recommend documenting the pain and mental distress you feel. Truck accidents are major events. Many people deal with life-altering injuries and have their lives thrown upside down. They might be unable to spend time with friends or enjoy hobbies. You deserve compensation for all mental and physical distress or pain.
Mistakes to Avoid in West Virginia Truck Driver Fatigue Accidents
There are certain errors victims should avoid after a crash.
- Don’t forget to hire a lawyer. Some people think they can handle their own accident case. But most of the relevant evidence in this type of accident is in the possession and control of the trucking company. They have access to the black box as well as chemical test results post-crash. A lawyer knows how to access this information and use it to build a case. You should focus on recovery.
- Avoid admitting fault for the crash. One way trucking companies defend themselves is to blame the injured motorist for the accident. They can point out that you were speeding or making an illegal lane change. Under West Virginia Code 55-7-13c, a victim’s compensation is reduced by their share of fault. If you are mostly at fault, then the law bars you from receiving compensation.
- Do not delay filing a claim. You have a limited amount of time to file a claim. Waiting can undermine your legal case if evidence were to disappear or documents were lost.
Act Fast to Preserve Your Rights
Although federal law applies to many truck accident cases, you still need to meet West Virginia’s statute of limitations for personal injury cases. This statute identifies the maximum amount of time a victim has to file a lawsuit.
West Virginia Code § 55-2-12 gives you two years from the date of the accident. If you, for some reason, go past this deadline, then a defendant can move to dismiss your case. There is a real possibility you will receive nothing, even if a trucker were to blame due to exhaustion.
Speak with a West Virginia Truck Accident Lawyer in a Free Consultation
Kaufman & McPherson is a prominent law firm focused on helping accident victims recover from devastating injuries. Our firm can collect evidence and negotiate with an at-fault defendant or their employer. Contact us to schedule your free, no-strings consultation today. We have helped many West Virginians over the years and we will be happy to speak with you.
