We have all been tired behind the wheel at some point in our time as licensed drivers. When a driver fails to pay attention to his or her growing fatigue, the outcome can be disastrous for other people on the road. This is especially true when the driver is operating a massive truck. It can be hard to tell initially when a driver causes an accident as a result of drowsy driving because the crash will often wake the driver up and provide an adrenaline rush. An experienced Massachusetts truck accident lawyer can help you investigate whether driver fatigue played a role in causing your crash.Driver Fatigue Poses Serious Risks
The trucking industry is a fast-paced environment in which drivers face pressure to make deliveries efficiently. As a result, they may stay behind the wheel for longer than they should. Federal trucking regulations address the hazards caused by drowsy driving by placing limits on the amount of time that a truck driver can stay behind the wheel before they must take a rest break. Drivers must maintain log books to demonstrate their compliance with regulations.
Unfortunately, some truck drivers bend or break the hours of service rules in an effort to keep up with their delivery schedules. Trucking companies may look the other way if a driver falsifies their log books, or they may even encourage drivers to violate the rules to maximize profits. As a result, sleeping or drowsy drivers often cause accidents because fatigue prevents them from responding alertly and appropriately to situations on the road. Often, a careful review of the circumstances leading to the accident will uncover violations of the hours of service rules, which can provide strong support for a claim brought by an accident victim.Seek Compensation After a Truck Accident
If you were hurt in a Massachusetts accident involving driver fatigue, you should retain an attorney to bring a personal injury action to pursue compensation for your injuries and damages. The first step to securing a judgment or settlement in your favor is to prove that the other driver failed to act with the ordinary care and skill that a reasonably prudent driver would use when confronted with a similar roadway situation. If you can show that the truck driver violated the hours of service rules, this would be clear evidence that the driver did not act as a reasonably prudent driver would have acted. The trucking company also may be liable if it encouraged the driver to break the rules or condoned the driver’s violations.
Once you prove that the truck driver failed to use appropriate care, you must show that this failure was the direct cause of the injuries that you suffered. If the other side can show that another factor contributed to your injuries, such as your own negligent driving, you may be able to recover a reduced amount of damages that is proportionate to the defendant’s fault. If you are successful in establishing causation, the next phase of the litigation involves proving the damages that you suffered as a result of the accident, such as medical bills, lost wages, and pain and suffering. An experienced truck accident lawyer can assist you with ensuring that you claim every item of compensation that is appropriate in your case.Schedule Your Free Consultation with a Truck Accident Lawyer Today
A truck accident can be terrifying and traumatic, and injuries and disabilities that result from it can change a victim’s life forever. While you are coping with the aftermath of the accident, including your injuries and any interruption to your income, our Massachusetts attorneys will fight diligently for your rights and ensure that you are being treated fairly. Our team of legal professionals serves clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. Call us now at 1-800-262-9200 or contact us online to set up a free consultation.