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.

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