How Can You Prove the Truck Driver Involved in Your Crash Was Overtired?

Snellville truck accident lawyer

Truck drivers often work a lot of hours. Even those who strictly follow the NHTSA regulations get tired. Unfortunately, when truckers get overtired, they make mistakes. These mistakes can land you in the hospital. If this is the case, you need to meet with an experienced Snellville truck accident lawyer as soon as possible.

The NHTSA Limits the Hours a Trucker Can Work

The National Highway Traffic Safety Administration (NHTSA) oversees the activities and practices of commercial drivers. If a driver happens to violate one of these NHTSA regulations, they can be fined or even suspended.

The NHTSA is very strict when it comes to the number of hours a trucker can work without a break or rest. The major rule is that they cannot work more than 70 hours in a given work week. More specifically, no driver can work more than 11 hours a day. They must also take a 30-minute break after driving for 8 hours.

If your accident attorney can prove that the defendant exceeded these hours, it shows the driver was negligent.

How Can Your Attorney Prove the Truck Driver Was Fatigued?

It can be difficult to prove that the defendant was overtired. However, your trucking accident attorney in Snellville can demonstrate that they drove more hours than they’re allowed.

For example, if the person who hit you started their shift at 8 a.m., they are required to end their shift by 7 p.m. They are also required to take a break no later than 4 p.m. If you can show that they didn’t do that, it can help prove your case.

a fatigued truck driver is more likely to cause a crash

All Truck Drivers Are Required to Maintain a Log of Their Hours

The easiest way to show that the defendant exceeded their allowable hours is to reference their driving logs. 

A driver can easily fabricate these logs, but clearly, they would have to know they were going to get into an accident to do that. It’s hard to imagine that any truck driver would risk their job and commercial driver’s license to falsify their log.

Your accident lawyer could always subpoena their weekly payroll records. They can also check to see when the driver picked up and dropped off their loads. This will help determine exactly how long they had been driving prior to the crash.

Your Accident Attorney Must Prove Fault

In order to recover damages, your truck crash attorney must prove fault. They must demonstrate the truck driver was negligent. One way to do this is to prove the defendant broke regulations by driving for too many hours. 

Your lawyer must also prove that the accident happened because the driver was tired. 

What Damages Can You Demand?

In most of the truck accident cases our attorneys handle, they demand some or all of the following types of damages:

  • Medical bills and future medical bills
  • Lost wages
  • Lost future income
  • Property damage
  • Pain and suffering

Your attorney will probably be able to pursue the trucking company for damages as well as the driver unless the trucker is self-employed.

Contact a Skilled Snellville Truck Accident Attorney

People who have been involved in a truck accident know how dangerous they can be. Most of our clients suffer life-changing injuries in their tractor trailer accidents. The last thing you’ll want to do is fight with the insurance company. That’s why it’s a good idea to meet with an experienced Snellville accident attorney.

Our truck accident lawyers are familiar with the NHTSA regulations. If the defendant was driving while fatigued, you’ll have a good chance of collecting damages. That’s why you should call our office today at 770-HELP-NOW and schedule your free, initial consultation.

Latest Posts

Motorcycle Accidents vs. Car Crashes: Key Differences and Insights
Motorcycle Lane Splitting: What Atlanta Riders Need to Know
Tractor-Trailer vs. Car: The Severe Impact of Truck Accidents
Compensation for PTSD After an Atlanta Motorcycle Crash
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Cheapest Car Insurance Georgia: 2024 Rates and Companies  MarketWatch [...]

Car accident with ‘serious injuries’ shuts down Kennesaw road, police say  Atlanta News First [...]

Lanes reopen after fatal crash on I-85 in Fulton County  Atlanta News First [...]

1 killed, 1 injured in two-car crash on I-85 north near airport, police say  11Alive.com WXIA [...]

Driver killed in Spalding County crash where car ran red light, GSP says  11Alive.com WXIA [...]

UPDATE: Woman dies after crash with tractor-trailer in Bainbridge  WALB [...]

Decatur resident killed in head-on crash due to reckless driver, police say  WSB Atlanta [...]

1 killed, 1 injured after head-on crash in Decatur, police say  Atlanta News First [...]

2 dead, 5 hospitalized after multi-car accident on I-20, DeKalb officials say  WSB Atlanta [...]

DeKalb Police investigating deadly hit-and-run on Christmas morning  11Alive.com WXIA [...]

Athens man killed in vehicle vs pedestrian accident on Commerce Road  WGAU [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Daniel Thomas “Danny” Roland  Now Habersham [...]

Oconee Blotter: Car break-ins reported, guns, cash, computer stolen  Online Athens [...]

Georgia State Trooper Killed in I-75 Crash Investigation | iSkyCreations - News & Media  NewsBreak Original [...]

Georgia state trooper dies after being struck by vehicle while investigating crash  The Caledonian-Record [...]

State trooper dies from being hit by a vehicle while investigating a construction worker's interstate death  WNDU [...]

These car insurance providers have the highest market share in each state  news-daily.com [...]

Fatal crash on Hwy 90 leaves Pineville resident dead, another injured  KoamNewsNow.com [...]

Brady McClintock | Galena Sentinel Times  Sentinel Times [...]

Berea vehicle collision ends in fatality | News | richmondregister.com  Richmond Register [...]

Car accident with ‘serious injuries’ shuts down Kennesaw road, police say  Atlanta News First [...]

Teen Killed In Woodstock Crash; Speed A Factor: Sheriff  Patch [...]

2 Teens ID'd In Deadly Woodstock Crash That Fell On 18th Birthday  Patch [...]

Crash closes all lanes, all directions on Grayson Highway in Lawrenceville, police say  Yahoo News [...]

One person dead after wreck on GA 316 in Gwinnett County  AccessWDUN [...]

1 killed in crash on Hwy 316 in Gwinnett County  Atlanta News First [...]

3 killed, including mother and 14-year-old son, in Gwinnett crash  WSB Atlanta [...]

Mother, teen and motorcyclist killed in crash on Scenic Highway in Gwinnett County  FOX 5 Atlanta [...]

Man killed in I-20 crash involving tractor-trailer identified  Atlanta News First [...]

Cobb I-20 E Crash Involving Tractor-Trailer Kills Conyers Man  Patch [...]

22-year-old woman dead after car crash in DeKalb County, officials say speeding may have been factor  WSB Atlanta [...]

Morgan Dean Obituary - Hutson Funeral Home - Farmington - 2023  Legacy.com [...]

Fatal Crash on Will Rogers Turnpike Claims Life of Tractor-Trailer Driver  KoamNewsNow.com [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation