Truck drivers have a responsibility to safely drive their large vehicles. Sadly, however, truck drivers are often expected to drive an insane amount of hours and often drive fatigued. When this is the case, drivers fall asleep at the wheel or are too tired to make quick and accurate decisions while driving. Truck driver fatigue is a serious issue and the cause of a great many accidents in Colorado.
If you or someone you care about has been injured as the result of a truck accident in Colorado, an experienced attorney at accidentdenver.com can fight to get you the financial compensation you deserve. You are not alone; we are here to help.
Truck Driver Fatigue Accident Lawyers in Denver, Colorado
When you are involved in a truck driver fatigue accident with a truck in the greater Denver, Colorado area, you need an experienced legal team to fight for you. Injuries sustained from truck accidents can negatively affect your life in both the short term and long term. If you suffered as a result of another person's negligence, you are entitled to financial compensation.
Our team at accidentdenver.com pride themselves on clear, honest, and open communication with each and every one of their clients. No matter how small or how big your case may be, the accidentdenver.com team will keep you informed every step of the way throughout the process and they will handle every detail seamlessly to put you on the road to recovery.
Accidentdenver.com takes cases on a contingency basis. This means that you pay nothing until your case has reached a favorable resolution. Let us put our years of experience to work for you and your loved ones.
What is Driver Fatigue?
Driver fatigue is a combination of both driving and sleepiness. When drivers are tired behind the wheel, they are unable to safely drive these very large vehicles. This can lead to accidents involving serious injury, or even death. Driver fatigue can cause:
- falling asleep at the wheel,
- inattentiveness or distraction,
- slow reaction time,
- drowsiness, and/or
- poor decision making.
Driver fatigue causes hundreds of driving accidents every year, leading to serious harm to other drivers. Smaller vehicles are at the mercy of truck drivers, as semi-trucks can weigh thousands of pounds and can crush anything in its path.
Truck Driver Fatigue Statistics
According to a study by the Federal Motor Carrier Safety Administration (FMCSA), driver fatigue is the cause of truck accidents in about 13% of all cases. This high probability illustrates the serious issues that can arise as the result of a tired truck driver.
Considered a "critical factor," meaning the accident would not have happened without it, fatigue is a major concern on America's and Colorado's roadways. If you were injured as a result of driver fatigue, you deserve to be compensated for your injuries.
Regulations to Prevent Driver Fatigue
The FMCSA imposes certain regulations on the nation's truck drivers and companies in order to help prevent driver fatigue, including hours of service regulations for drivers. They are designed to keep tired drivers off the road.
A driver is permitted a "14-Hour Driving Window." This means that a driver is permitted to drive for 14 consecutive hours, during which they may drive up to 11 hours after being off-duty for 10 or more consecutive hours. This includes being off of any kind of work, not just driving. The clock does not stop for naps or lunch breaks. Once the driver has reached the 14-hour driving limit, they are not permitted to drive again for another 10 consecutive hours of being off of work completely.
A driver is also required to take a 30-minute rest break if more than 8 consecutive hours have passed since their last off-duty time. Meal breaks or other off-duty time can count as this 30-minute break. This time does count against the 14-hour driving window.
Drivers are also required to abide by a 60/70 hour duty limit for the week. This helps to limit the number of hours in a particular week a person drives in an effort to reduce the risk of driver fatigue accidents.
Personal Injury Claims for Truck Accidents
If you have been injured in a truck accident-related to driver fatigue, you can file a personal injury lawsuit to recover money damages for your injuries and property damage. A personal injury lawsuit is an effective method of holding a driver or the driver's employer responsible for the injuries and costs you suffered.
Personal injury claims relating to truck accidents must be brought within three years of the date of the accident. This is called the statute of limitations. If you fail to bring the accident within the statute of limitations, your case will almost certainly be dismissed, even when you are legitimately owed damage compensation.
Damages in Personal Injury Cases
In a personal injury case, you can recover both economic and non-economic damages. Economic damages cover out of pocket costs, such as medical bills, property damage, and lost wages. These are more easily identifiable with a specific monetary amount.
Non-economic damages include more subjective losses, such as pain and suffering, disfigurement, and loss of consortium. You can prove these damages and receive financial compensation for them with the help of an experienced personal injury lawyer.
Wrongful Death Claims
If a person was killed as the result of a truck driver fatigue accident, their family members can file a wrongful death claim in order to collect damages. A person can file a wrongful death action if that person is:
- the spouse (or heirs with spouse's consent);
- if no spouse, the heirs of the victim (children); or
- a designated beneficiary
The parents of the deceased person can only bring a wrongful death action if the victim left behind no spouse, children, or designated beneficiary.
Consult an Experienced Denver Truck Driver Fatigue Accident Lawyer
Truck driver fatigue can lead to serious injury or even death. If you or a loved one has been injured in any sort of truck accident in the greater Denver metropolitan area, please do not hesitate to contact accidentdenver.com today at 303-642-8888 for a free consultation. We are here waiting for you.