Little Rock Truck Driver Fatigue
Truck drivers are expected to be alert and aware of their surroundings at all times when they are driving large commercial trucks. The stakes are too high for them not to be. If a truck driver was to drive while fatigued, he or she could possibly doze off for a second or two here and there. While that may not seem like a big deal to some, it actually is a very big deal. All it takes is one moment of inattention for a truck driver to flip his or her vehicle and possibly collide with multiple vehicles across multiple lanes of traffic. If you or a loved one has suffered injuries from a trucking collision caused by truck driver fatigue, you should contact the Little Rock truck accident attorneys of Nahon, Saharovich & Trotz to discuss your case and see how we may be able to help you. We are a large regional personal injury law firm, having fought for the rights of injured victims for more than 30 years.Recovering Fair Compensation After a Truck Accident Caused by Truck Driver Fatigue
Driver fatigue is an issue for all drivers. Research shows that being awake for 18 hours is comparable to having a blood alcohol concentration (BAC) of .08%, which is the level of intoxication under Arkansas law. Truckers are not immune to this – the Federal Motor Carrier Safety Administration (FMCSA) has reported that nearly 25% of commercial truck drivers have experienced at least one type of driving error due to fatigue.
In Pulaski County, you could be driving along Interstate 30 and find yourself driving next to a tanker truck. Upon further examination, you notice the tanker truck’s driver seems to be nodding off – his eyelids incessantly trying to shut. Before you know it, the tanker truck has veered into your lane and collided with your vehicle, running you through the guard rail and off the interstate. As a result of the collision, you could sustain significant injuries, which may include head trauma, skull fractures, spinal cord injuries, broken bones, lacerations, and more.
If your injuries are visibly severe, the truck driver may panic and suggest that you are partially (or entirely) to blame for the collision. Since the State of Arkansas operates under the doctrine of modified comparative negligence, your recovery could be reduced by the percentage of blame attributed to you by a jury. If your portion of fault is deemed to be 50% or higher, however, you could be barred from your recovery altogether. A knowledgeable trucking accident lawyer in Little Rock could defend you against allegations of comparative fault and work toward holding the truck driver’s employer liable as well. The trucking company could be held directly liable for negligent hiring, supervision, or training, and vicariously liable if the truck driver’s negligence can be proven to have occurred during the course and scope of employment.
Now, when it comes to you seeking economic damages and non-economic damages from the truck driver for the losses and injuries that you have sustained from the accident, you will likely have to establish the truck driver’s negligence; this can be done by showing that there was a duty of reasonable care owed to you by the defendant, but the truck driver breached the duty owed to you, resulting in your injuries. Interstate truck drivers are required to follow FMCSA regulations regarding hours of service. These rules mandate when rest breaks must be taken. Satisfying your burden of proving negligence based on truck driver fatigue can allow you to recover compensatory damages for medical bills, lost wages, vehicle repairs, pain and suffering, and loss of enjoyment of life, among others.Contact a Skilled Tractor-Trailer Crash Attorney in the Little Rock Area
When a truck driver is operating a truck while fatigued, he could easily lose control of the truck long enough to collide with another vehicle (or possibly several), resulting in catastrophe. At Nahon, Saharovich & Trotz, we go toe to toe with the large trucking companies to fight for our clients to recover the maximum compensation they deserve. Our firm serves victims across Arkansas, Tennessee, Mississippi, Missouri, and Kentucky, including in Little Rock, Jonesboro, Jackson, Chattanooga, Knoxville, Memphis, Nashville, Caruthersville, Hayti, Tupelo, Oxford, Starkville, Grenada, Columbus, and Meridian. Contact us today by calling us toll-free at 800-529-4004 or by completing our online form to schedule a free consultation with a motor vehicle collision lawyer. Let us show you why NST is the way to go if you need a Little Rock lawyer.