Accidents Caused by Truck Driver Fatigue in West Virginia

Free Case Evaluation
100% Secure & Confidential
5-Stars
4.8 Google Rated

Each year throughout the United States, thousands of people are injured or lose their lives in truck accidents. One of the leading causes of these accidents is truck driver fatigue, which is especially prevalent in states such as West Virginia, where there is heavy commercial traffic.

Truck drivers face challenging schedules, long hours on the road, and they drive alone in environments that can be monotonous. The combination of all of these factors can result in serious truck driver fatigue that impacts their ability to safely operate their vehicle. Below, our West Virginia truck accident lawyer explains the causes of trucker fatigue and your rights following a crash.

The Risk of Truck Driver Fatigue

Truck drivers spend long hours on the road, as they must work under tight deadlines to meet their delivery schedules. A lack of sleep, long hours, and short time for breaks all contribute to truck driver fatigue, which makes it difficult for truck drivers to remain alert and focused while they are on the road. Driving can also be very repetitive and combined with the isolation of being alone for so many hours also adds to the risk of truck driver fatigue.

Fatigue has a drastic impact on a truck driver’s reaction time, judgment, and motor skills. When truck drivers are tired, they may have difficulties focusing, responding to sudden changes on the road, or accurately controlling their vehicles. These challenges can result in collisions that are very serious and at times, even fatal for occupants of smaller vehicles. The risk of drowsy truck drivers is even more serious, as they are operating very large and heavy vehicles.

What Causes Truck Driver Fatigue?

According to the Federal Motor Carrier Safety Administration (FMCSA), approximately 28 percent of truck drivers struggle with sleep apnea. This condition causes people to stop breathing briefly during their sleep. The lack of sleep causes individuals to feel very drowsy when they wake up.

People who smoke, are obese, or have irregular sleeping patterns are at an increased risk of sleep apnea. When a truck driver struggles with sleep apnea or a similar condition, they should have a medical evaluation to ensure that they can operate a truck safely.

The FMCSA has also implemented the hours of service rule to prevent truck driver fatigue. This law limits the amount of time a truck driver can spend behind the wheel. Truck drivers must comply with the mandatory rest periods and limits on daily driving that are outlined in the hours of service rule. Some truck drivers do not comply with this law to meet their tight deadlines. Trucking companies also sometimes provide incentives to their drivers for violating the law and these violations are overlooked until a serious crash occurs.

Lastly, many truck drivers also operate their vehicles while they are impaired. Some truckers believe that using alcohol or drugs will help them stay awake while they are behind the wheel, ignoring the serious dangers associated with impaired driving. Even legal substances, such as energy drinks or caffeine, can be dangerous when truckers use them. After the effects wear off, it can lead to sugar crashes, confusion, and disorientation, which can make these ineffective solutions to combat fatigue.

Signs of Truck Driver Fatigue

One of the best ways to protect yourself from a crash involving a fatigued truck driver is to recognize the signs. The most common signs of truck driver fatigue are as follows:

  • Drifting lanes or swerving: Fatigued truck drivers may find it difficult to remain in their lane because they cannot focus properly. Drivers may also start to fall asleep and upon waking, overcorrect, resulting in their vehicle swerving.
  • Erratic driving: Fatigue slows a trucker’s reaction times, which can make it difficult to respond to changes in traffic.
  • Frequent blinking or yawning: Frequent blinking or yawning are signs that drivers lack alertness.
  • Loss of focus: If a truck driver seems confused or unfocused, it can be a sign of fatigue.

It is not only other motorists who should be aware of the signs of fatigue. It is essential that truck drivers also understand the signs so they can take a break and get the rest they need to safely operate their vehicles.

Evidence to Prove Fatigued Driving

If you are injured in a crash involving fatigued driving, you may think it is impossible to prove your case and obtain the fair settlement you deserve. Fortunately, it is not.

Immediately following the crash, seek medical attention. This will document the nature and severity of your injuries. Also make sure to obtain a copy of the police report, as this can indicate who was at fault for the crash. While you are still at the accident scene, it is important to locate witnesses and ask them for their contact information. Their testimony can substantiate your claim that the truck driver was at fault for the crash.

It is particularly important to work with a West Virginia truck accident lawyer after a crash. A lawyer can help you collect additional evidence that indicates the truck driver was fatigued at the time of the crash. This can include the driver’s logs as well as the electronic logging device (ELD), otherwise known as the truck’s black box. This device stores important information, including how long the truck driver had been on the road before the crash.

Our Truck Accident Lawyer in West Virginia Can Help with Your Case

If you or someone you love has been hurt in a crash, our West Virginia truck accident lawyer will fight for you. At Kaufman & McPherson, our experienced attorneys will conduct a full investigation into your crash, determine who is liable, and prove your case so you obtain the full and fair damages you are entitled to. Contact us to schedule a free review of your case with our attorney and to get the legal help you need.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

Call 304-842-4300
Available 24/7

Get in touch with us today

Speaking with a lawyer about your case is 100% free and easy. We will review the facts of your case and advise you on how our firm can help. There is no obligation and if you decide to hire us, you won’t owe us anything unless we are successful for you.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Award winning attorneys

Everyday we work to improve ourselves and we’re proud of our successes.

Free Case Evaluation
100% Secure & Confidential
image 26
image 23
image 24
image 21
Lead Counsel Verified

Available 24/7
304-842-4300

Free Case Evaluation

Free Case Evaluation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.