How to Prove Truck Driver Fatigue Was the Cause of Your Crash

 Posted on July 15, 2024 in Car Accidents

Truck driver fatigue is a serious issue, often leading to devastating accidents. If you have been involved in a crash with a commercial truck and suspect driver fatigue played a role, it is important to gather evidence to support your claim. An Illinois lawyer can walk you through the steps to prove truck driver fatigue and protect your rights.

What You Should Know About Truck Driver Fatigue

Truck driver fatigue can result from various factors, including long hours on the road, inadequate rest periods, sleep disorders, medication side effects, and demanding schedules and deadlines. These factors can significantly impair a driver’s judgment, slow reaction times, and even lead to microsleeps behind the wheel.

The effects of fatigue on driving performance are similar to those of alcohol impairment. A driver who has been awake for 18 hours straight experiences impairment equivalent to a blood alcohol concentration (BAC) of 0.05%. After 24 hours without sleep, this increases to the equivalent of 0.10% BAC – well above the legal limit for driving.

Recognizing the signs of fatigue is the first step in building your case. These may include erratic driving behavior, drifting between lanes, inconsistent speeds, or near-misses observed by other drivers on the road.

Collect Evidence to Prove Fatigue

You will need to gather compelling evidence to establish that truck driver fatigue caused your crash. Here are key pieces of information to collect:

• Driver’s Logbook and Electronic Logging Device (ELD) Data
• Witness Statements and Police Reports
• Surveillance Footage
• Medical Records

Driver’s logbooks and ELD data are particularly crucial. Federal regulations require truck drivers to maintain detailed logs of their driving hours and rest periods. Modern trucks are also equipped with ELDs that track driving time, speed, and location. This data can reveal inconsistencies or violations in the driver’s reported hours.

Witness statements from other drivers or bystanders who observed erratic driving behavior before the crash can provide valuable corroborating evidence. Similarly, police reports may include the responding officer’s observations of fatigue indicators.

How an Accident Reconstruction Professional Can Help

Proving truck driver fatigue often requires thorough protocols. Accident reconstruction specialists can analyze the crash scene and vehicle damage to determine if the accident patterns are consistent with fatigue-related incidents. The findings can provide a scientific basis for your claim.

Sleep specialists and medical professionals can review the driver’s history and provide expert opinions on the likelihood of fatigue-related impairment. The professionals can explain to a jury how lack of sleep affects cognitive function and reaction times, making the testimony invaluable in establishing the link between fatigue and the accident.

Trucking industry specialists familiar with federal regulations and industry standards can testify about proper scheduling practices and the risks associated with driver fatigue. The specialists can help establish whether the trucking company was negligent in scheduling or monitoring drivers.

Contact a Will County, IL Personal Injury Lawyer

By combining solid evidence with professional analysis, you can build a strong case demonstrating that truck driver fatigue was the cause of your crash. A Joliet, IL personal injury attorney can help make sure you contact the right specialists to build the best case possible. Call McNamara Phelan McSteen, LLC at 815-727-0100 to start with a free consultation.