Truck accidents resulting from driver fatigue are a rising concern on the roads of Florida. Because of the size and weight of the vehicles, truck wrecks definitely result in catastrophic injuries and life-altering consequences for victims. Individuals may be eligible to receive financial compensation if they are harmed in such a wreck. Therefore, proving that truck driver fatigue does play a critical role in determining whether individuals receive the compensation that they deserve.
What Is Driving Fatigue?
Driving fatigue, as the term suggests, is the act of driving while the driver is overtired. Numerous studies have proven that driving while fatigued is extremely dangerous, as it slows down reflexes, affects decision-making abilities, and significantly reduces attention.
Driving fatigue can result from a lack of sleep, but it can also be caused by medical conditions, medication reactions, or possible drug or alcohol effects. When a truck driver is fatigued, individuals often find that the person is blinking a lot and having a hard time keeping their eyes open.
Due to fatigue, drivers often struggle, and there is a very real risk of falling asleep behind the wheel. When a driver falls asleep at the wheel, they have entirely lost the ability to operate their vehicle safely.
The Impact of Driver Fatigue on Florida
Florida has seen a gradual rise in truck accidents, with truck driver fatigue playing an essential role. Unfortunately, driver fatigue can seriously increase the odds of a wreck. The following are the key reasons why crashes are more likely to occur when truck drivers are fatigued.
- Reduced awareness of surroundings
- Higher risk of falling asleep while driving
- Increased reaction times
- Impaired decision-making
Never let a fatigued truck driver’s negligence go unnoticed. Our dedicated truck accident lawyer is here to aid you in navigating the complex process of proving driver fatigue and securing fair compensation for the victims.
Proving Driver Fatigue in A Truck Accident Case
Key Steps to Prove Driver Fatigue in a Truck Accident
Gather Evidence at the Scene
Our truck accident attorney acts immediately after a disastrous accident. They collect vital evidence for an individual, including photos and videos of the accident scene, skid marks, witness statements, driver statements, and behavior.
Analyze Logbooks and Electronic Logging Devices (ELD) Data
Truck drivers must maintain accurate logbooks and use ELDs. Our truck accident lawyers thoroughly examine these records to identify the following, such as hours of service violations, inconsistencies in reported driving times, and patterns of extended driving without adequate rest.
Review the Driver’s History
Our legal practitioners will investigate the truck driver’s background. We usually look for previous accidents or safety violations, a history of truck driver fatigue-related incidents, and compliance with medical certifications.
Consult with Expert Witnesses
To support the individual case strongly, our network of expert witnesses consists of sleep specialists and accident reconstruction professionals who provide critical testimony regarding this case.
Analyze the Truck’s “Black Box” Data:
Most modern trucks have black boxes that store important data. Our lawyer can use this data, which reveals sudden changes in speed or direction, braking patterns, and engine performance as a whole.
Therefore, individuals shouldn’t make the process of seeking compensation more difficult by trying to prove driver fatigue alone. Always trust Abercrombie’s experienced truck accident lawyer to build a strong case and fight for their rights.
The Legal Process: What to Expect
Our truck driver attorneys are knowledgeable, skilled, and experienced legal professionals. When victims or their families consult our experts, they won’t pay for their initial consultation. We will clearly explain all the legal options.
Investigate the Accident
Our experienced truck accident lawyer will help individuals secure their compensation claim. To do so, our experts thoroughly gather the required evidence. We collect not only police reports but also witness statements and a wide range of comprehensive legal documents. Therefore, proper legal assistance is provided to an individual to identify the primary reason behind the truck accident and present it in their favour.
Document The Damages
The lawyer will collect critical evidence to show individuals’ economic and non-economic losses. Evidence is summarized with the aid of a demand letter and provided to the insurance company. The lawyer will give valid testimony from both medical and vocational experts regarding their future medical expenses and lost earnings.
Some of the damages that individuals may have incurred in their truck accident cases due to the truck driver’s fatigue are as follows.
Physical pain, fatal suffering, and mental anguish are related to the injuries and treatments.
Current and future medical bills: Individuals can incur expenses for emergency room (ER) care, ambulatory care, hospital stays, surgeries, procedures, physical therapy, rehabilitation, and prescription drugs. If they face fatal injury in a truck accident, they will also receive compensation for years of future medical bills.
Negotiating with Insurance Companies
Insurance companies often attempt to deprive individuals of the rightful claim amount. Therefore, the victim faces a worse financial crisis. Proper negotiation by our attorney on the individual’s behalf will increase their chances of receiving the claim by one chance.
Courtroom Representation
When our attorneys don’t agree on the compensation amount, our legal professional proceeds to represent the individual in court and help them navigate through all the legal complexities, filing a claim on their behalf. Moreover, consistent follow-up and legal support will increase the foundation of their compensation claim.
Damages Victims Claim After Truck Accidents
Due to truck accidents, other vehicle drivers or passengers may suffer from severe damages that are greater than those in car or motorcycle accidents. Here are certain common damages that an individual can claim from truck accidents:
- Medical expenses are incurred to treat physical damage and emotional stress.
- Property damage caused by a collision
- Rehabilitative Therapy Costs
- Loss of income
- Lost earning capacity due to medical problems
- Loss of consortium in the accident.
- Loss of Quality of Life
- Permanent Injuries
- Physical Inability
Conclusion
Did an individual get injured in a truck driver accident by a driver? We at Abercrombie, P.A., will assist them with the necessary legal guidance in filing a lawsuit. Whether you need to negotiate with an insurance company or sue liable parties, we can help with the best legal assistance.
