Chicago Truck Driver Fatigue Attorneys

Strict regulations govern the trucking industry to combat fatigue-related crashes. Truckers and truck companies who violate mandatory rules for sleep and rest breaks can be held accountable when their actions harm others. Far too many people have suffered tragic injuries in Chicago truck accidents due to driver fatigue.  

Fatigued driving can be just as dangerous as drunk driving. Research shows staying awake and alert for 17 hours has roughly the same effect as having a blood alcohol concentration (BAC) of 0.05. Missing sleep for over 24 hours causes impairments similar to someone driving with a BAC of 0.10, exceeding the legal limit of 0.08 in Illinois. Now imagine When that drowsy driver is behind the wheel of an 80,000-pound tractor-trailer. The chances of a collision are high, and so is the potential threat of injuries to anyone nearby. 

Lack of sleep can lead to delayed reaction times, a lowered ability to process sensory information, and compromised judgment on the road, all of which raise the risk of a truck driver fatigue accident. In one study, the Federal Motor Carrier Safety Administration (FMCSA) listed driver fatigue among its top 10 factors contributing to truck accidents in the United States.

If you sustained injuries in a collision with a drowsy truck driver, you might be entitled to seek compensation from any party responsible for causing the accident. An experienced Chicago truck driver fatigue attorney from Salvi, Schostok & Pritchard P.C. can help you understand your legal rights in a free consultation.

Common Causes and Contributing Factors to Driver Fatigue

FMCSA notes several factors that contribute to commercial truck driver fatigue, including:

• Long hours on the road – Truckers often work extended shifts, sometimes longer than in excess of 10 or 14 hours daily. Operating a commercial big rig is both mentally and physically taxing. Many trucking companies push drivers to work longer hours and even skip FMCSA-mandated rest breaks to keep a tight delivery schedule.
• Irregular schedules – Drivers must adjust their sleep and meal schedules to accommodate changing delivery schedules. If their physical needs take a backseat to meet deadlines, these periodic sleep disruptions can make it challenging for a commercial driver to stay awake.
• Not enough sleep – If a truck driver doesn’t get enough sleep or lack of sleep becomes a habit, they could exhibit decreased reaction time, drowsiness, nodding off behind the wheel, and difficulty making safe driving decisions.

Proving Driver Fatigue and Negligence in Truck Accident Cases

An experienced Illinois truck driver fatigue accident lawyer can help you pursue compensation against the commercial truck driver or other party responsible for a crash that injured you. At Salvi, Schostok & Pritchard, your attorney must will build a solid case against them to establish negligence and demonstrate their liability for your losses.

Your lawyer will conduct an independent investigation into the collision, examining the police accident report for possible causes of the crash and subpoenaing the truck’s recording device data, which can show how long a driver remained on the road. Your attorney may also demand the truck driver’s log and safety record from their employer.

Witness accounts of the crash are also part of building a negligence case. Photos of the crash scene and any video footage that captured the wreck can serve as powerful visual evidence showing what happened.

With this information, your attorney can craft a compelling argument showing proving the truck driver was fatigued while driving and that their drowsiness led to the collision that hurt you.

The Role of Industry Regulations in Fatigue Prevention

FMCSA sets standards and regulations for all commercial truck drivers in the United States. The hours-of-service (HOS) rules are intended to ensure drivers get sufficient rest and prevent truck driver accidents due to fatigue. The following HOS regulations specify the amount of time a driver can remain on the road before resting:  

• A maximum of 11 consecutive driving hours within a 14-hour time frame, which must be followed by a 10 consecutive hour rest period
• No more than 14 consecutive hours on duty, which can include active driving and non-driving activity (example: waiting for a shipment to be loaded or unloaded or completing paperwork within a 24-hour time period)
• No more than 60 hours on duty in seven days and no more than 70 hours on duty in eight days
• 30-minute rest break after driving for of a period of eight consecutive hours

Truckers must keep records of their driving and resting times and may be required to produce their records within 24 hours to an FMCSA official.  FMCSA also explicitly prohibits a driver from operating the vehicle while fatigued.

Seeking Compensation for Fatigued Truck Accidents

Commercial truck drivers are subject to FMCSA and Illinois commercial trucking regulations, which include provisions meant to reduce the chances of having a fatigued driver on the road. To successfully pursue compensation for your losses and injuries after a crash, your attorney should prove that the driver broke either a federal or state regulation (or both) and that breaking that regulation led to fatigued driving and the crash.

Compensation may come from various sources, depending on who is liable for the wreck. If the truck driver is an employee of a trucking carrier, you may be able to seek compensation from the trucking company instead of from the individual driver. A trucking company is responsible for properly overseeing its drivers and ensuring they comply with FMCSA and Illinois regulations.

However, many commercial truck drivers are independent contractors. If the driver in your case was an independent contractor, you may pursue an individual claim against them. You could have a case against the trucking company that contracted their services, but it depends on the arrangement between the contractor and the company. A fatigued truck driver accident attorney will identify all potentially liable parties to pursue maximum compensation for your losses.

Choosing the Right Chicago Truck Driver Fatigue Accident Lawyer

Do you need legal representation after being injured in a commercial trucking accident caused by a fatigued trucker? Contact Salvi, Schostok & Pritchard P.C. today for a free case review.