Truck drivers put in long hours and travel great distances to deliver materials across the state and country. It is important for these drivers to remain diligent on the road, as large commercial vehicles can cause severe damage to smaller passenger vehicles in a collision.
Sadly, the potential for fatigued truck driver accidents in Marietta and elsewhere is increased when truckers and their employers fail to adhere to mandatory breaks and schedule limitations. Victims of these types of crashes should reach out to knowledgeable lawyer who understands federal and local trucking laws. If you suffered injuries because of a trucker that you suspect was overtired, you may be able to hold that truck driver and their employer liable for financial restitution.
Fatigued driving usually involves a motorist who has not slept enough, but it can also occur due to medications, alcohol consumption, or long shifts at work. Drowsy drivers have slower reaction times, impaired judgment, diminished motor skills, and difficulty processing information. As such, the risk of a collision increases significantly when a truck operator is tired.
Depending on the nature of the trucking business, either federal or state regulations will govern the amount of time a commercial truck driver can work without rest. In Georgia, a driver may only operate their vehicle for 11 hours after 10 hours of off-duty rest.
A violation of this rule can mean liability for a trucking company in the event of a collision. After a tractor-trailer crash, a dedicated local attorney could investigate the accident to determine if any violations contributed to the driver’s fatigue.
Under O.C.G.A. 51-2-2, it is possible to hold the trucking company liable for damages caused by their overly tired employee. If the employee were acting within the scope of their employment, their trucking company could be held liable for their negligence. This is particularly applicable if the company encouraged its employee to disregard work limits and drive overly long hours.
A skilled lawyer who focuses on fatigued truck driver accidents in Marietta could investigate the circumstances and help determine who may be held accountable for the crash. Evidence in these types of cases may include employee work logs, records from the truck’s black box, or dash cam footage.
A victim of a commercial truck accident caused by a drowsy driver may be entitled to two types of compensatory damages. Special damages are those that can be precisely quantified, such as medical bills and lost wages due to time off from work.
On the other hand, general damages are those that are difficult to quantify in monetary terms. These may include:
The diligent legal team at our firm could evaluate a truck wreck caused by fatigue to determine the maximum amount of compensation available to an injured victim.
Fatigued truck driver accidents in Marietta can cause catastrophic, if not fatal, damage. For survivors, the costs of medical treatment and the stress of dealing with insurance adjusters and opposing lawyers can be overwhelming.
If you are suffering from injuries stemming from a trucking accident, do not go up against insurance adjusters and trucking companies on your own. Call our office to speak with an experienced lawyer and get the representation you deserve in this difficult time.