Fatigue: A Dangerous Factor in Trucking Accidents

HOUSTON: Commercial trucks can become dangerous weapons on the road to smaller vehicles and pedestrians, weighing up to 80,000 pounds.  Thus, it is extremely important for all truck drivers to be properly trained and have the ability to drive these trucks for long periods of time on the road.  Unfortunately, many truck drivers become fatigued, distracted, are inexperienced or reckless drivers, suffer from lack of sleep or sleep apnea, or fall asleep on the road causing serious or even fatal accidents.  If you were involved in a trucking accident, you have a right to recover all your damages and more from the at-fault party!  Even if you were a family member of one in a fatal accident, you also have a right to be compensated. It is extremely important to begin the claims process immediately by an experienced attorney.

All trucking companies and truckers must follow the regulations and policies controlled by the Federal Motor Carrier Safety Administration (FMCSA).  FMCSA states that any person with a medical condition that prevents them from driving safely is restricted from driving unless with proper medical treatment.  Further, if a person has sleep apnea, a condition where breathing stops or is irregular which may cause sleep deprivation, he/she should not operate a vehicle, especially a commercial truck.  This condition may cause the driver to not get a good night’s sleep, be over worked, or fatigued which can create the worst nightmare for all others on the road.

Additionally, even if a driver does not have a medical condition, truck drivers may become fatigued or distracted while driving as commercial truck drivers are required to drive many hours at a time.  Although, there are regulations, drivers still may also become distracted by a phone call, text, email, eating, drinking, trying to give commands through the smart phone or searching on smart phone or tablet, or even conversations in the vehicle.  Of all these, the most dangerous one is texting and driving which is a leading cause of accidents.  The best ways to prove distracted or fatigued driving is to get a written statement from the at fault driver at the scene, witness’ statements, police report, etc.

Those injured from a trucking accident will have tremendous amounts of economic damages including medical bills, lost wages, property damage, emotional and mental distress, and more.  In order to protect your or a significant other’s interest and recover all damages caused by a negligent, careless, reckless truck driver on the road, the claim must be filed immediately.  Even if you lost a family member in a trucking accident, you are also entitled to recover damages for the loss.  Do not delay!

 

 

 

 

 

 

 

 

 

About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997.  Mala is chair of the American Bar Association GP Solo and GP Solo YLD division, Board member of the Houston Trial Lawyers Association, President Emeritus of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association.  

This material is available for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

 If you require advice or assistance, you may contact her at office number 281-893-8644 or by email at mala@sharmalaws.net to schedule a free consultation to discuss your case.