When you are hurt in an accident, the trucking company can try to shift all liability onto you by alleging driver fatigue. This tactic aims to reduce your compensation and jeopardize your career.
However, while you cannot use fatigue as an excuse for an accident, your employer’s unreasonable demands may be the root cause of your tired state. If your employer is blaming fatigue for the accident, you can challenge their claim, especially if they violated federal laws.
The real cause of tired-trucker accidents
The Hours-of-Service (HOS) guidelines from the Federal Motor Carrier Safety Administration (FMCSA) aim to prevent fatigue-related accidents. Truckers must have reasonably limited work hours with mandated rest breaks. As such, trucking companies must follow suit to help drivers avoid fatigue and ensure they are well-rested.
Has your employer assigned you to unreasonable working hours just to meet deadlines? If so, they may have violated the federal HOS regulations.
The reality of building a defense
When an HOS violation or driver fatigue causes an accident, you and your trucking company may be liable for negligence. However, your employer can shift the blame entirely to you. While this is a tough spot to be in, you must act immediately to protect the evidence that proves your employer’s fault, such as:
- Dispatching and routing records: These can reveal whether your company assigned routes that are impossible to complete within the legal HOS limits.
- Electronic logging device data: This can show your actual driving hours and whether you worked beyond HOS limits.
- Incentive structures: These can encourage HOS violations if early deliveries lead to bonuses, while delays result in penalties.
These crucial factors can prove the company’s role in pushing you into a fatigued state.
The next step to resolution
Facing a truck accident case alone can be complex due to the high stakes involved. A mistake in your defense can prevent you from receiving compensation and put your career at risk. An experienced personal injury attorney can provide guidance for your situation.