Experienced Chicago Truck Accident Attorneys Holding Tired Truck Drivers and the Companies that Fail to Monitor Them Liable for Negligence
Strong counsel when drivers fail to use reasonable care or obey the laws in Illinois
Driver fatigue dramatically increases the likelihood that a truck accident will occur. Tired drivers are distracted drivers. They’re focused on staying awake instead of the road. Driving fatigue can be due to poor planning by the driver or because the company that hired the driver is pushing the driver too hard. Whatever the reason for the accident, the consequences can cause permanent brain injuries, spinal cord damage, broken bones, or even death. The sad part is that it is one of the most preventable types of truck accidents.
The Chicago truck accident attorneys at Gainsberg Law understand the causes of driver fatigue and the laws the drivers, truck owners, and shipping companies are required to follow. We understand that sleepy drivers fail to obey the state and federal traffic laws, often are unfocused because they are using stimulants to stay awake, and almost always fail to understand how tired they really are. Our firm works to keep tired truck drivers off the road by making them pay in full for any injuries they wrongfully cause.
Causes of truck driver fatigue
Every truck driver knows they should never drive while they are tired, but many still get behind the wheel. Some of the reasons drivers operate their rigs without enough rest are:
- The driver fails to budget for enough sleep or knowingly fails to get enough sleep.
- The shipping company or receiving company makes unreasonable delivery demands, forcing the driver to choose between getting paid and driving while rested.
- Poor planning by the driver and other companies to schedule routes with places where the driver can sleep or rest.
- The driver’s unwillingness to pull off the road when fatigued.
- Drinking while driving, which causes the driver to fail to realize the need to stop when tired.
- The driver has improper rest and eating schedules.
The burden to make sure the driver gets enough rest is on both the driver and the trucking companies that monitor the driver. Victims and families of accidents caused by truck driver fatigue have the right to hold the responsible parties liable for damages in court or through a settlement.
Laws and regulations on truck driver fatigue
There are federal and state laws that specifically regulate truck driver fatigue. Truck drivers and companies are required to follow these rules. Some of these regulations apply to all truckers. Others apply to commercial truck drivers who drive large or hazardous trucks. One major law our Chicago truck accident fatigue attorneys use to support our clients’ cases is the Federal Motor Carrier Safety Administration. The FMCSA requires:
- That truck drivers cannot work more than 70 hours, on average, each week.
- That if truckers reach the 70-hour threshold, they can resume driving only if they rest for 34 consecutive hours. The 34-hour requirement includes the need for the driver to rest two nights between 1 am and 5 am.
- That truck drivers rest 30 minutes during the first eight hours of a driving shift.
- That truckers operate their vehicles for no more than 11 hours at a time.
- That truck drivers not work (driving and other duties such as loading and unloading) more than 14 hours daily.
Our legal team reviews the truck driver logs and other evidence to confirm that a driver did not get the proper rest.
Types of Cases We Handle
Our attorneys handle a variety of cases, including:
- Truck Accidents and Driver Error
- Distracted drivers
- Drunk drivers
- Reckless drivers
- Overloaded trucks
- Poor maintenance and inspection
- Inadequate training
- Defective truck parts
Contact a trusted truck accident attorney today to start your case
At Gainsberg Law, our dedicated Chicago truck accident lawyers have the experience and skills to aggressively fight for injured victims and their families. We understand how a life can change in instant because a truck driver was too careless to get enough rest or a trucking company was too interested in profit over safety. Please call our firm at 312-313-1621 to get help with your case. You can also complete our contact form to schedule an appointment with an attorney.