We’ve all been there. You’re driving down the highway and see a huge semi-truck in your rearview mirror. They are so big and powerful, and driving next to them can be a little scary. We trust that the person driving that giant machine is awake, alert, and paying close attention to the road.

But what if they’re not? What if the truck driver is so tired they can barely keep their eyes open?

A tired truck driver is one of the most dangerous things you can encounter on the road. When a driver is fatigued, they can make terrible mistakes. And when the vehicle they’re driving weighs 80,000 pounds, those mistakes can lead to horrible, life-changing accidents.

If you or someone you love has suffered an injury in an accident caused by a tired truck driver, you probably have many questions. One of the biggest questions is likely, “Who is responsible?” Is it just the driver? Or can the trucking company they work for also be held accountable?

The simple answer is that you can sue a trucking company for an accident caused by one of their fatigued drivers. It’s not just the driver who is on the hook. The company holds a huge responsibility to keep its drivers safe, and when they fail, the law can make them pay for the harm they cause. Let’s simply break down how this works.

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Why Is a Tired Truck Driver So Dangerous?

To understand why you can sue trucking companies, first recognize why a tired or “fatigued” driver poses a danger.

Being fatigued is more than just feeling a little sleepy. It’s when your body and brain are exhausted. When a person is this tired, their brain doesn’t work right.

Think about a time you had to stay up way past your bedtime. How did you feel the next day? You probably felt slow and foggy. It was likely hard to think clearly or do your schoolwork. Imagine feeling that way while trying to control a giant, heavy truck at high speeds.

A fatigued truck driver is a lot like a drunk driver. Studies have shown that being awake for 18 hours straight can make you drive like you have a blood alcohol level of .05. If a driver has been awake for a full 24 hours, it’s like driving with a blood alcohol level of .10, which is over the legal limit for drinking and driving.

When a driver is fatigued:

  • Their reaction time is slow. If a car in front of them suddenly stops, it will take them much longer to hit the brakes. In that extra second, a terrible crash can happen.
  • They make bad decisions. They might drift out of their lane, misjudge their speed, or forget to check their blind spots.
  • They might fall asleep. We call this “microsleep,” when a person dozes off for a few seconds. But if a truck goes 65 miles per hour, it can travel the length of a football field in just a few seconds. A lot can go wrong in that short amount of time.

Because semi-trucks are so big and heavy, they can’t stop quickly and can cause much more damage than a regular car. This is why it’s so important for truck drivers to be well-rested.

Is the Driver or the Company to Blame?

When a crash happens, it’s easy to point the finger at the person behind the wheel. The driver controlled the truck, so it must have been their fault, right?

Well, it’s not that simple. While the driver chose to drive while tired, we had to ask why they were so tired in the first place. This is where the trucking company comes in.

Trucking companies are in the business of making money. They make money by moving goods from one place to another quickly. Sometimes, these companies can push their drivers too hard to make more money. They might encourage them to break safety rules and drive longer than they should.

This is called negligence. Negligence is a legal word that just means someone was not careful enough and caused someone else to get hurt. The law has very specific definitions for being careless, explaining that everyone must act reasonably cautiously. Both the driver and the trucking company can be found negligent.

Special Safety Rules for Truck Drivers and Companies

Because driving a big truck is a serious responsibility, drivers and their companies must follow special safety rules. The government makes these rules to keep everyone on the road safe.

The Hours of Service (HOS) rule is one of the most important rules. These rules say exactly how many hours a truck driver can drive in a day and a week and how long drivers must rest and be off-duty before they can drive again.

These aren’t just suggestions; they are the law. The law clearly states that trucking companies must ensure their drivers are safe on the road. One important law states that a trucking company must know its drivers are “fully competent and sufficiently rested” to drive safely. If they let a tired driver get behind the wheel, they are breaking the law.

When a company ignores these rules, they are putting everyone in danger.

How Can a Trucking Company Be at Fault?

So, how can you show that a trucking company was negligent? A good truck accident attorney will know exactly what to look for. Here are some common ways that trucking companies break the rules and put tired drivers on our roads:

  • Pushing Drivers Too Hard: A company might give a driver a delivery schedule that is impossible to meet without speeding or driving for too many hours. They might tell the driver, “Get this load there by tomorrow, no matter what.” This puts the driver in a tough spot where they must break the rules to keep their job.
  • Ignoring Logbooks: All truck drivers are supposed to keep a diary of their driving time, which is called a logbook. Today, most of these are electronic. Companies should check these logbooks to ensure their drivers follow the Hours of Service rules. Some bad companies don’t check them, or they even encourage drivers to lie in their logs.
  • Paying by the Mile: Many companies pay their drivers by the mile, not the hour. This can make drivers want to drive as many miles as they can, as fast as possible, without taking the necessary breaks.
  • Poor Training: A good company will train its drivers on the importance of safety rules and not driving while tired. A bad company might not offer this training or have a culture that says “getting the job done” is more important than safety.

If a company does any of these things, it is negligent. It is creating a situation where a fatigued driving accident is not only possible but likely.

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The Law Holds Trucking Companies Responsible for Their Employees

Another very important legal rule helps victims of truck accidents. It’s a simple idea: in most cases, an employer is responsible for the mistakes their employee makes while on the job.

Think of it like this: if you order a pizza and the delivery driver crashes into your mailbox while bringing you the pizza, who is responsible? The driver is, but the pizza company they work for is also responsible because the driver worked for them then.

The same idea applies to trucking. The truck driver is an employee doing their job for the trucking company. The law says that an employer is responsible for the harm caused by their employee’s negligence during their work.

This means that even if you can’t prove the company pushed the driver to be tired, the company is still responsible simply because the driver was their employee doing company business. This is a very powerful tool that helps victims get the money they need to recover.

How Does a Lawyer Prove the Trucking Company Was at Fault?

After a serious truck accident, the trucking company and their insurance company will immediately start an investigation. Their goal is to protect themselves and pay as little money as possible. This is why you need someone who can fight for you.

An experienced personal injury lawyer handling truck accident cases will launch their investigation to find the truth. They know how to find proof that the driver was fatigued and that the company was negligent. This proof can include:

  • The Driver’s Logbook: A lawyer will immediately demand a copy of the driver’s electronic or paper logs. They can analyze these logs to see if the driver was on the road for too long.
  • The Truck’s “Black Box”: Most modern trucks have a computer inside them called an Electronic Control Module (ECM), like an airplane’s black box. It records data like the truck’s speed, brake usage, and other information that can reveal what happened moments before the crash.
  • Company Records: A lawyer can legally demand the trucking company’s records. This includes the driver’s work schedule, emails or text messages between the driver and the company, and payment records. These records can often show a pattern of the company pushing its drivers too hard.
  • Witnesses: A good legal team will talk to anyone who saw the accident. They might also interview other drivers from the same company to determine whether they are being forced to drive while tired.
  • The Driver’s History: A lawyer will look into the driver’s employment history and driving record to see if they have a history of causing accidents or breaking safety rules.

By gathering all this evidence, a truck accident attorney can build a strong case proving the trucking company was negligent and should be held responsible for your injuries.

What Can You Get Money For After a Truck Accident?

If you sue and win your case, the money you receive is called “compensation” or “damages.” This money aims to rebuild your life and cover everything you lost from the accident. The law allows for these payments to compensate you for your injuries.

Compensation can cover many things, including:

  • Medical Bills: This includes the cost of the ambulance, the hospital stay, surgeries, doctor visits, physical therapy, and any future medical care you might need.
  • Lost Income: If you can’t work because of your injuries, you can get money to compensate for your missed paychecks. If you can never return to your old job, you can also get money for that.
  • Pain and Suffering: This is money to compensate you for the physical pain and emotional hurt you have gone through. A serious accident is terrifying and can leave you with scars both inside and out. The law says you deserve compensation for this suffering.
  • Property Damage: This will pay to repair or replace your car and anything else damaged in the crash.

No amount of money can undo what happened, but it can relieve the financial stress so you can focus on what’s most important: your health and your family.

Contact a Truck Accident Lawyer After an Accident

If you are ever in an accident with a large truck, your priority is your safety. Get medical help right away, even if you don’t feel hurt.

Then, before you talk to the trucking company or their insurance representatives, you should talk to a lawyer. The insurance company for the trucking company is not your friend. They might try to get you to say something that hurts your case or offer you a small amount of money to make you disappear.

An experienced truck accident lawyer can protect you. They can handle all the communications with the insurance company, so you don’t have to. They will fight to ensure you get the full compensation you deserve.

So, if you or a loved one has been a victim of a fatigued truck driver, know that you have rights. The law is on your side. The driver can be held responsible, and the company that pushed them to the breaking point must also be held accountable. Find a lawyer to stand up to them and secure the justice you deserve.

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