Fort Lauderdale · Truck Driver Fatigue Accident Attorney
Examining the trip before the crash
Questions about fatigue may require a closer look at a commercial driver’s trip and work history. Identify the truck and carrier and share the facts that led to the concern about fatigue.
Tucker Law serves people with questions connected to Fort Lauderdale and Broward County. We start by listening to your account, identifying the documents already available, and discussing the issue you want help addressing.
Bring carrier details, crash and witness information, trip identifiers, and any available communications. If you do not have all of these materials, start with what you have. A short timeline and a list of your questions can help us understand the situation without requiring you to solve every issue first.
Tell us about any correspondence requiring a response and any dates you are concerned about. The right approach depends on the facts of your matter. Contact our team at 1-800-TUCKERWINS to discuss how we may be able to help.
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With long hours spent on the road hauling loads for lengthy distances, it is easy for truck drivers to experience fatigue. The stress of needing to deliver on time while trying to fight boredom and stay awake in turn make this profession more perilous than others.
However, the greatest dangers are for the drivers of other vehicles on the road. Driving a semi while exhausted enhances the chances of having a fatal car accident, one that will likely involve a wrongful death claim.
In South Florida, the perils are even worse when considering the sheer number of commercial vehicles that drive in and out of the area among the millions of other drivers. If you’ve been injured in a truck accident, contact a Fort Lauderdale truck accident attorney with the experience to get you the compensation you deserve.
Tucker Law represents victims of truck accidents on a contingency-fee basis, meaning you will not need to pay anything unless you win. A free initial consultation is the best way to find out your possible case outcomes and what to expect.
Are Tired Truck Drivers Breaking the Law?
Both state and federal laws have limits as to how many hours per day a trucker is permitted to drive. Despite these laws, many drivers and their trucking companies ignore them and continue to drive beyond what is permitted.
Many truck drivers are paid per mile that they drive, tacking on a greater incentive to stay behind the wheel and earn more money. The rules set by the Federal Motor Carrier Safety Administration (FMCSA) declare that all truck drivers are limited to a maximum of 11 hours of driving each day. After these 11 hours on the road, they must take a 10-hour break.
In any given 7-day period, truck drivers are not allowed to be on the road for over 70 hours. For a 70-hour workweek, trucks must rest for at least 34 hours to keep the effects of fatigue from making them a greater danger on the road.
Even when a trucker is fully alert, trucks are dangerous simply because of their extensive weight and size. Knowing this, it’s incredibly negligent for a trucker or a trucking company to insist on breaking these safety laws. If you were in an accident with a truck, contact a truck accident lawyer who will be sure to seek out the driving logs to determine if the cause was due to a fatigued truck driver.
Truck Driver Logs Can Be Used as Evidence
In the olden days, truck drivers would keep track of their hours, both while on-duty and off-duty, each day. These records were once manually recorded with paper and pen, making them easy to alter and appear as though the laws were followed. It was common practice for truckers to have a set of driving logs for inspection by transport authorities or the police and another that reflected their actual hours.
Thanks for modern technology, many commercial trucks now feature electronic logging devices (ELDs). This device automatically records when the truck is in motion and when it is at rest. It’s much more difficult to alter these devices, which means they can provide true data of how long a trucker was actually on the road.
Other Causes of Truck Driver Fatigue
It’s important to note that there are many truck drivers who are diligent about being obedient with the laws surrounding their working hours. Still, that doesn’t mean these drivers aren’t susceptible to fatigue. A 70-hour workweek is exhausting for any profession which can still cause a driver to be unfocused and tired.
The other problem that can make fatigue with truck drivers worse is that it’s a naturally sedentary profession. Sitting without any exercise for hours on end, eating convenience foods while on the go, and these long types of hours are a recipe for obesity.
Roughly two-thirds of all truck drivers struggle with obesity, something that also affects sleep quality. Obese people are more likely to have sleep apnea, a condition that disrupts quality sleep. Both the FMCSA as well as the National Transportation Safety Board (NTSB) have been working to educate truck drivers and trucking companies about these added dangers.
There are also exceptions to the rules set by the FMCSA in specific cases. In certain states, industries, and for truckers who drive at specific times or in particular locations, they are permitted to exceed the 11-hour limit. This frightening find is exactly the reason why you need to contact Tucker Law if you’ve been injured in a truck accident.
What to Do If You Were in an Accident Caused by Truck Driver Fatigue
Any tired driver is an unsafe driver, and when that driver is behind the wheel of a truck that weighs between 25,000 and 80,000 pounds, the results can be catastrophic. Since fatigue is so rampant in the trucking industry, the NTSB has estimated it is a factor in 30% to 40% of all truck accidents.
Truck accidents in South Florida are unfortunately all too common. While any car accident can be frightening, the aftermath of an accident with a truck is truly exponential. If you were in an accident with a semi, let Tucker Law fight for you. You will not pay any fees unless you receive a settlement or win your case. Call today for a free initial consultation with a personal injury attorney in Fort Lauderdale.
Tucker Law’s main office is located at 800 SE 3rd Avenue, Suite 300 Fort Lauderdale, FL 33316, about 20 minutes from Fort Lauderdale Beach, less than a mile away from Fort Lauderdale Riverwalk, and about 5 minutes away from the Museum of Discovery and Science. Port Everglades is only 15 minutes away. Matthew Sean Tucker, the principal attorney at Tucker Law, is your trusted source for addressing both personal injury and intellectual property matters. With a proven history of expertise and success, Tucker Law ensures your legal representation instills confidence in every aspect of your case. Call Tucker Law today at 1-800-TUCKERWINS with further questions.
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With a reputation for unparalleled client service and impressive results, Tucker Law has been repeatedly recognized as one of Super Lawyer’s Rising Stars. Our dedication to victims of accidents and injuries remains steadfast, and we are here to champion your cause. If we don’t recover on your behalf, we charge you nothing. That is our You Win or Else It’s Free Guarantee.
Fort Lauderdale Truck Driver Fatigue Accident FAQs
What should I have ready when I contact you?
A short account of the issue, the important dates, the names of those involved, and any documents you have already received are a useful beginning. Tell us where the incident happened, what injuries or losses followed, and whether an insurer or another organization has contacted you.
Can I discuss a matter connected to Fort Lauderdale?
Yes. Contact Tucker Law to discuss the circumstances and whether our services fit your needs. Our team can confirm meeting options and the appropriate location before an appointment.
How will fees and next steps be explained?
Start with a free case review. Our team can discuss whether we can assist and explain the representation and fee arrangement for your matter. The outcome of another case does not determine the result of yours.
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Discuss your legal questions with our team serving Fort Lauderdale and Broward County.
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800 SE 3rd Avenue, Suite 300
Fort Lauderdale, FL 33316
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