Driver Fatigue

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.

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.

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V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

V.S.G. and M.G., Richton Park, IL

2016-11-21T19:25:43+00:00

V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

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K.R., Chicago, IL

2016-11-21T19:21:53+00:00

K.R., Chicago, IL

"After my former lawyer refused to continue with my auto accident case, Neal Gainsberg took over the case, and he was able to obtain a settlement for the other driver’s policy limits. He was actively involved in my case, returned all my calls, and explained any issue that I had during the case. After I spoke with Neal, he was able to resolve any problems or issues. Neal provided exceptional representation against the insurance company for the other driver. Since Neal settled my case, I have recommended him to my family members and friends. If you have a legal issue, you should call Neal and hire him to be your attorney."

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2016-11-21T16:42:07+00:00

J.O., Indiana

"Neal Gainsberg at first represented me in a Chapter 13 Bankruptcy case. He explained everything to me and developed a payment plan that I could afford. Whenever I had any questions, Neal responded quickly to any emails or phone calls. Unfortunately, I lost income during my plan, and Neal recommended that I convert the case to a Chapter 7 case. Despite my worries about my finances, Neal made everything easy for me, converted the case, and made sure that I received a fresh start. Neal was very knowledgeable about bankruptcy law, and I highly recommend him as a bankruptcy lawyer."

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2016-11-21T19:35:21+00:00

R.P., Chicago, IL

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M.T.G., Chicago, IL

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N.S., D.S., Chicago, IL

2016-11-21T19:33:43+00:00

N.S., D.S., Chicago, IL

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2016-11-21T19:21:23+00:00

J.T., Chicago, IL

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2016-11-21T19:22:30+00:00

E.S., Chicago, IL

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2016-11-21T19:24:30+00:00

L.S., Chicago, IL

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M.S., Chicago, IL

2016-11-21T16:41:13+00:00

M.S., Chicago, IL

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L.G., Chicago, IL

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