Video Description
When we think of risky driving behaviors, speeding, driving under the influence, or texting while driving typically come to mind. But there is one extremely dangerous behavior that is often overlooked: driving while fatigued. While drowsy driving is reckless in any vehicle, imagine a driver falling asleep while operating an eighty-thousand-pound, eighteen-wheel commercial truck. If you suspect the trucker who hit you was fatigued, there are several ways to support this claim and get the compensation you deserve.
PROVING DRIVER FATIGUE
Truck drivers are required to track their driving time in a logbook or electronic logging device (or ELD). Some ELDs connect directly to the engine, so the timer starts when the truck starts driving. But many drivers still log their hours by hand, making it easier for them and their employers to break the rules.
Our attorneys can also find evidence of fatigue from:
- Eyewitness testimony of erratic driving behavior
- Police reports
- Logbook records
- Driver medical records
PAYING FOR ACCIDENT EXPENSES
New Jersey is a no-fault state, meaning that every driver must have their own Personal Injury Protection (PIP) policy to cover them, no matter who was at fault for the accident. If PIP is insufficient or denies the claim, the victim can turn to the truck driver’s insurance. If other parties are liable, such as the truck manufacturer, the electronic logging device manufacturer, or the Department of Transportation, their insurance might provide coverage as well.
Once a victim has exhausted all other options to receive compensation, it may be possible to file a lawsuit. The New Jersey statute of limitations (time limit to file) on personal injury claims is two years, so contact a personal injury attorney as soon as possible following an accident. This attorney will work with the other parties’ insurance adjusters to negotiate a fair settlement.
If a settlement can’t be reached and the case goes to trial, the court will use New Jersey’s comparative fault model where the amount each driver pays corresponds to the degree to which they were at fault.
OVERWORKED DRIVERS
The primary cause of trucker fatigue is simply working too much. Federal regulations place an 11-hour limit on consecutive driving hours. Once that limit has been reached, the trucker must go off duty for 10 hours. Unfortunately, these rules are often poorly enforced. Employers sometimes set unrealistic delivery deadlines, pressuring drivers to work past the mandated limit.
Other causes of truck driver fatigue include:
- Alcohol
- Stimulants
- Isolation
- Sleeping Disorders
If you or a loved one has been injured by a truck driver, contact Rosenblum Law for a free, no-obligation consultation. We’ll investigate potential causes of the accident, such as fatigue, and negotiate the best possible settlement for you.
Why Choose Rosenblum Law?
