Roswell Drowsy/Fatigued Truck Accident Lawyer

Roswell Drowsy/Fatigued Truck Accident Attorney

It’s dangerous for anyone to drive while drowsy or fatigued. When commercial truck drivers do so, the risk of serious or fatal accidents increases dramatically. When truckers drive while fatigued, it places many people’s lives at risk. If you’ve been seriously injured or you’ve lost a loved one due to a trucker’s drowsy driving, a Roswell drowsy/fatigued truck accident lawyer can help you pursue compensation and hold the responsible parties accountable.

Trust Attorney Stephen LaBriola, LLP

If you’re looking for a dedicated Roswell truck accident lawyer, look no further than Attorney Stephen LaBriola, LLP. With decades of experience representing injured victims, LaBriola has developed a keen awareness of what it takes to achieve successful outcomes in drowsy driving cases. He has handled countless complex truck accident claims involving serious injuries and wrongful death and can help with yours, too.

Our firm is committed to thorough case preparation, strategic advocacy, and personalized client service.

Why Hire a Drowsy/Fatigued Truck Accident Lawyer?

Around 65% of truck drivers have reported that they sometimes feel drowsy while driving. Nearly half of all drivers interviewed for one Federal Motor Carrier Safety Administration (FMCSA) study admitted to falling asleep at the wheel. In 2023, 633 total deaths occurred due to fatigued drivers causing crashes, many of which involved commercial trucks. These statistics underscore the well-documented dangers of fatigued trucking on Georgia roads.

If you’ve been involved in an accident with a commercial trucker who was driving while drowsy, you can hold them liable for their negligence. You can hire a drowsy/fatigued truck accident lawyer to help you file a claim against the truck driver and the company they work for, allowing you to recover compensation to pay for medical bills, lost wages, and other expenses. A lawyer will also ensure your claim is filed within the deadline for truck accident claims in Georgia.

There Are Rules in Place to Prevent Drowsy Driving

The FMCSA has regulations in place called the Hours of Service rules. These rules are designed to combat trucker fatigue and the potential for accidents that it creates. It prohibits truckers from driving more than 11 hours in a 14-hour duty window without first taking 10 hours off to rest. The rules also prohibit working more than 60 hours in a seven-day period or 70 hours in an eight-day period.

Negligence Per Se

Because there are federal regulations governing duty time for truck drivers, you may have a negligence per se claim against a driver who violated those laws. While truckers are required to record their hours in logbooks or electronic logging devices, some drivers falsify these records to hide violations and meet unrealistic delivery deadlines. Proving a regulatory violation is often easier than proving fatigue directly and can significantly strengthen your case.

Determining Liability for Fatigue-Related Accidents

If driver fatigue caused your accident, the truck driver may be held liable, and so may the trucking company. The company could be directly liable if it encouraged drivers to violate rest requirements, imposed unreasonable schedules, or ignored evidence of falsified logs. Understanding business liability in these complex crashes is crucial to a successful claim. Even if the company did not act recklessly, it may still be responsible under vicarious liability laws for the actions of its employees.

Proving Negligence in Drowsy Driving Cases

One of the top priorities of your Roswell drowsy/fatigued truck accident attorney will be to prove that the driver was negligent and the negligence caused your accident. In this case, the driver was negligent because failing to pull over when they became too drowsy to drive safely was a failure to exercise reasonable care.

Continuing to drive while fatigued is also a violation of federal trucking regulations. In this case, the four elements of a negligence claim are:

1. The truck driver owed you and other drivers a duty of care to exercise a certain level of caution.
2. The truck driver failed to uphold their duty by driving while fatigued, creating an unsafe situation.
3. The driver’s fatigue led directly to the accident that caused your injuries.
4. You suffered actual harm during the accident.

Your lawyer can collect evidence, analyze logbooks and electronic data, and work with expert witnesses to prove these elements. Even when a driver technically complied with hours-of-service limits, fatigue can still be proven through circumstantial and expert evidence.

FAQs

How Long Can Truck Drivers Drive Before They Have to Sleep?

Truck drivers can legally drive a maximum of 11 hours before they have to sleep. Those 11 hours can be driven over the course of a 14-hour duty window. They must be followed by 10 consecutive hours off duty, during which the driver should take a break to sleep. There are stricter limits for drivers on routes that last more than 60 hours or seven days.

What Is the FMCSA Regulation for Fatigue?

The FMCSA regulation for fatigue is Chapter 6.3.1. It indicates that drivers cannot operate a commercial motor vehicle if they are excessively tired or sick. The driver can decide when this is the case at their discretion, and their motor carrier can’t require them to continue operating the vehicle.

What Can Happen if You Drive When Drowsy or Fatigued?

If you drive when drowsy or fatigued on roads like GA-400 in Roswell, Georgia, it can increase your crash risk. Driving drowsy slows reaction time, impairs judgment, and reduces awareness. It has the same kind of impact on drivers as driving while drunk. If they cause crashes, drowsy/fatigued truck accident drivers can be held liable for any injuries or other damages that occur as a result of their negligence.

How Can You Fight Fatigue as a Truck Driver?

You can fight fatigue as a truck driver by getting adequate sleep and adopting healthy eating and exercise habits. It can also help to maintain a regular sleep schedule, although this is difficult to do for many long-distance drivers. If truck drivers become too drowsy to safely operate their vehicles, they should pull off at the next safe location.

Your Roswell Drowsy/Fatigued Truck Accident Lawyer

If you’re looking for a skilled Roswell drowsy/fatigued truck accident lawyer who’s all in when it comes to protecting your rights, look no further than Attorney Stephen LaBriola, LLP. He can help with your fatigued truck accident claim and fight for your recovery.

Contact the firm to schedule an initial consultation today.