Tupelo Truck Driver Fatigue

In order to obtain compensation for injuries and other damages after a truck accident in the Tupelo area, you must establish the liability of the defendant truck driver. To do this, you must prove that the driver was negligent in the operation of the 18-wheeler. If evidence comes to light that the driver was driving while fatigued, it could be established that he acted in a negligent manner. Truck driver fatigue can be caused by drinking alcohol, sleep disorders, medications, not enough sleep, or driving for a prolonged period of time. Many times, fatigued driving occurs because the truck driver is simply not getting enough rest.

Certain FMCSA hours-of-service rules attempt to reduce truck driver fatigue by placing strict guidelines on rest breaks and shift lengths. For instance, certain property-carrying drivers may drive a maximum of 11 hours after 10 consecutive hours off duty. Passenger-carrying drivers may drive 10 hours after eight consecutive hours off duty. A truck driver may not drive after being on duty for 60 hours for seven consecutive days, or when he has been on duty for 70 hours for eight consecutive days. Further, if a truck driver notices he or she is feeling tired, the rules mandate pulling over to rest. A Tupelo lawyer with experience handling cases involving truck driver fatigue will understand these regulations and how they can apply to your situation.

Some trucking companies look away when their drivers commit rule violations, while other companies directly encourage their drivers to operate over the regulated time periods so they can make more deliveries and thereby increase profits. To prove a driver’s violation of the hours-of-service rules, it may be necessary to retain an expert witness to analyze driver log books. If it is proven that the trucking company willfully violated the FMCSA regulations, punitive damages may be available. Punitive damages may also be attained if a defendant acted fraudulently. These are a special type of damages designed to punish a defendant and deter others from acting in a similar manner.