Are you still in pain because of a truck accident? Are you facing mounting medical bills, losing income, or facing the prospect of not being able to return to work? What if you found out this was all because the truck driver was too tired to be on the road? You’d probably want them to pay, and the law is on your side. You’re entitled to be fully compensated for any losses you suffered as a result of a fatigued truck driving accident.
Litster Frost Injury Lawyers can help you get the compensation you deserve. Our experienced attorneys know how to gather the evidence you need to prove your case in court, and when the insurance companies know we’re coming, they’re often willing to settle.
Give us a call to schedule a consultation if you need help:
- Evaluating an insurance offer
- Bringing a lawsuit
- Figuring out where to begin
Fatigued Truck Driving
Have you ever driven home late at night while feeling a little drowsy? Perhaps you even started to doze off for a split second? If so, you understand just how dangerous fatigued driving is, and it’s infinitely more dangerous when the tired driver is behind the wheel of a semi.
While you might expect professional drivers to act more safely, fatigued truck driving happens far more often than you would think. Truck drivers must follow tight schedules with little extra time built in for the smallest traffic delays. Often, this leads to them cutting into their rest time as they race to finish the current day’s stops without getting a late start on the next day.
What Requirements Do Truck Drivers Have?
To help combat the dangers of fatigued truck driving, federal law imposes strict restrictions on how long truck drivers can stay on the road and the minimum rest periods they must take in between trips. These restrictions are mandatory no matter how wide awake the driver feels or how much money a company stands to lose from a late shipment. To ensure compliance, truck drivers and their companies must keep detailed logs of when they were on the road and when they were resting.
Still, business pressures often lead to drivers and companies either fudging their logs or just ignoring the restrictions and just hoping to avoid penalties. And even when they do follow the regulations to the letter, a driver still may be fatigued due to lack of sleep or other causes.
How To Prove A Fatigued Driving Claim in Boise
If you’ve been in an accident caused by fatigued driving, you have the right to request and review the driver’s logs. Violations of federal safety regulations regarding driving time and rest are in themselves proof that a driver was fatigued without needing to prove that they were actually dozing off. Depending on the circumstances, you may also be able to use past violations or evidence that records may have been altered to support your claim.
Of course, the trucking company may not be willing to easily turn this information over, and their insurance company may try to deny your claim. Working with an experienced fatigued driving attorney can help you to put your best case forward and increase your chances of a full recovery. To find out what you may be able to recover and how to file your claim, contact us now to schedule a free consultation.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.