Fatigued Truck Drivers in New Jersey
According to Federal law, truck drivers have a 14-hour window in which they can drive up to 11 hours each day. After that, they have to spend at least 10 hours off-duty. Unfortunately, even when they follow those guidelines, truck drivers have a high risk of growing fatigued behind the wheel. If you suffered injuries because of a fatigued truck driver in a New Jersey accident, a truck collision attorney could help you understand your rights and file a claim.
The Dangers Posed by Fatigued Truck Drivers
Fatigued truck drivers in New Jersey can face increased accident risk for a number of reasons. They operate large vehicles that require a high degree of control in order to operate them safely. Big trucks require more room to stop or turn, so when a truck driver gets tired, they may have a harder time safely navigating the road.
High levels of fatigue can cause some of the same effects as alcohol consumption, including decreased fine motor skills, decreased reasoning and reflexes, and difficulty with impulse control. In addition, fatigued truck drivers can fall asleep behind the wheel, leaving the vehicle without anyone to control it.
Liability in Accidents with Fatigued Truck Drivers
Often, the fatigued truck driver will bear direct liability for a New Jersey accident caused by their fatigue, including falling asleep behind the wheel. Fatigued truckers may engage in a number of potentially dangerous behaviors, including swerving, speeding, or ignoring the right of way. Even if the injured party cannot prove that the truck driver was fatigued, they can often still file a claim.
However, if the trucking company pressures a driver to get behind the wheel despite reporting fatigue, the company may share liability for the incident directly, and the injured person may have the right to file a claim against them directly.
Compensation Following Accidents with Fatigued Truck Drivers
Accidents with big trucks can mean substantial injuries and immense damages for the injured party. When the accident involves a fatigued truck driver who cannot safely react to hazards around them, it can cause worse injuries and losses. The injured person has the right to file a claim that can provide financial compensation for the losses they faced, including their non-financial or general damages.
A claim after an accident with a fatigued truck driver in New Jersey will often include compensation for the victim’s medical costs, including the anticipated future cost of medical treatment, and any wages the injured person lost out on because they could not go back to work after the accident. If they end up permanently unable to work in their previous job, they can claim compensation for lost earning potential. In addition, most truck accident claims will include compensation for the victim’s pain and suffering, including emotional distress, which falls into the general damages category.
Discuss Legal Action After Accidents with Fatigued Truck Drivers in New Jersey with an Attorney
Drowsy truckers can pose a serious danger to other drivers around them. If you suffered harm because of the negligent actions of a fatigued truck driver in a New Jersey accident, a lawyer can help you determine who bears liability for the incident and what compensation you can claim. Contact Garces, Grabler, & LeBrocq for a free consultation that will help you understand your rights and move forward with your claim.