Truck driver fatigue has a significant impact on accidents in New York, especially since it is such a common problem. That is why if you have been the victim of a commercial trucking accident, you may need to prove liability for fatigue-related trucking accidents. And if that is the case, you will need to know what type of evidence to collect, the federal hours of service requirements, and the common causes of driver fatigue.
Why Truck Drivers Experience Fatigue
Fatigue-related trucking accidents in New York can be especially detrimental for smaller vehicles on the road. And, unfortunately, commercial truck driver fatigue isn’t uncommon, as truck drivers are often required to drive for long hours with minimal rest time.
Usually, driver fatigue is the result of the driver being awake for too many consecutive hours without the necessary rest or breaks. Additionally, monotonous tasks, such as driving, can lead to drowsiness or a lack of concentration.
Some less common causes of truck driver fatigue can include things like alcohol or drug use, certain medications, health issues, or poor eating habits.
Federal Hours-of-Service Rules
As a way of trying to mitigate the risk of truck driver fatigue accidents, the FMCSA enforces hours of service regulations for commercial truck drivers. These are federal requirements that trucking companies are supposed to enforce to improve the safety of everyone on the road, which include
- A maximum of 11 hours driving after 10 consecutive hours off duty.
- No driving beyond 14 consecutive hours.
- A required 30-minute break after every eight cumulative hours of driving.
- Truck drivers can only be on duty for 60 hours over the course of seven consecutive days. Or they can only be on duty for a maximum of 70 hours over eight consecutive days.
Proving Liability in Fatigue-Related Truck Accidents
The liability for a fatigue-related truck accident could fall on the trucking company, the truck driver, or both. The truck driver has a responsibility to operate the vehicle safely, which means following the hours of service regulations and taking breaks if they are too tired to drive.
However, the trucking company is also responsible for enforcing the hours of service regulations so that drivers maintain the necessary safety standards.
To prove who holds liability for this type of accident, your truck accident attorney can help you gather the following types of evidence:
- GPS data
- Electronic logging device data
- Blackbox data
- Cell phone records
- Surveillance and dashcam footage
- The police report
- Witness statements
- Expert testimony
Get In Touch With a Car Accident Attorney in New York
If you want to get the best possible outcome for your driver fatigue lawsuit in New York, you will need to be able to prove liability. And the reality for most commercial truck accident cases is that this can come with many challenges, depending on the circumstances.
That is where a commercial vehicle accident attorney can help by collecting important evidence, building a strong case, and handling all communication with insurance carriers and the trucking company.
So, if you are ready to move forward with your fatigued truck driver crash lawsuit, contact us today at Gash & Associates, P.C., in New York, at 914-328-8800 for a free consultation.
