Joliet Truck Driver Fatigue Accident Attorney
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Trusted Driver Fatigue Accident Attorneys Representing Clients in Joliet, IL
There are many causes of truck accidents. Truck collisions are often the result of distracted driving, impairment, careless driving, adverse weather conditions, defective truck parts, shifting cargo, poor maintenance, or truck driver fatigue. Truck drivers who are not adequately rested can make errors that lead to accidents. People who are injured in truck accidents caused by truck driver fatigue should be sure to understand how they can take steps to recover compensation for their damages.
Trucking companies usually have a small army of attorneys on speed dial, ready to deny liability. Following a truck accident in Illinois caused by a fatigued truck driver, experienced legal representation is crucial. A highly skilled truck accident lawyer from McNamara Phelan McSteen, LLC is ready to fight for the rights and futures of injured victims. When addressing the complexities of an accident involving a large commercial truck, a strong legal advocate can help ensure that a case will have a positive outcome.
How Common Are Truck Driver Fatigue Accidents?
Truck drivers spend long hours on the road to ensure timely deliveries and a steady paycheck. They require adequate sleep to operate their vehicles safely, yet many truck drivers are dangerously fatigued as they travel the nation. The Federal Motor Carrier Safety Administration (FMCSA) has found that at least 13 percent of all commercial truck accidents result from truck driver fatigue. Truck drivers have a responsibility to follow all appropriate safety procedures, and fatigued driving is negligent driving.
While current federal regulations limit how much time a truck can spend behind the wheel, a truck driver who is not driving is not earning money. Many truck drivers keep two sets of logbooks—one with accurate time behind the wheel logged and the other to show to the Department of Transportation (DOT) during a stop.
The National Sleep Foundation found that operating a vehicle while overly fatigued or sleepy can be as dangerous as impaired driving. Specifically, a driver who has not slept in 24 hours is equivalent to a driver with a 0.10 BAC—over the legal limit. Like impaired driving, fatigued driving is associated with:
- Impaired judgment
- Increased reaction times
- Poor concentration
- Falling asleep behind the wheel
Despite the documented dangers, more drivers than ever are driving while fatigued or sleepy, particularly truck drivers. One in five drivers admit to falling asleep behind the wheel. This behavior is always dangerous, no matter the driver, yet when a huge truck is involved, the likelihood of catastrophic injuries or death increases dramatically. The size and weight of a large commercial truck poses a heightened safety risk to all those on the road.
Who Is Liable for a Truck Accident Caused by Truck Driver Fatigue?
Truck accidents are often more complex than auto accidents between two passenger vehicles. There is often more than one liable party in a truck accident, including:
- The truck driver could be responsible for the accident if they were driving while overly fatigued. Driver fatigue is often proven when a truck driver consistently exceeds his or her hours of service.
- If the truck driver has been exceeding the hours of service, the company that employs the driver is likely to be aware of this and could be held liable. Trucking companies benefit from drivers who spend more hours on the road than allowed, so they often look the other way. Despite this, the trucking company is responsible for a driver who exceeds federal allowable driving hours in the same way they must ensure a driver is vetted and fully trained.
- While not necessarily related to truck driver fatigue, the accident may have been partially caused by a lack of maintenance or shifting cargo. If this is the case, the truck maintenance company and the loading company may be held partially liable.
Contact a Will County Truck Driver Fatigue Lawyer
Truck accidents come with many more complexities than passenger car collisions. Since trucks can weigh as much as 80,000 pounds fully loaded—and they may be carrying hazardous materials—the resulting injuries to those in smaller vehicles can be traumatic. Victims could face months, years, or a lifetime of medical interventions, pain and suffering, and the inability to work and make a living. Filing a claim against a large trucking company requires a highly experienced truck accident attorney from McNamara Phelan McSteen, LLC. Our attorneys will identify all liable parties, calculate your damages, and work to secure a full settlement on your behalf. For a free consultation, contact McNamara Phelan McSteen, LLC at 815-727-0100 today.