It is vital for truck drivers to be well-rested and fully alert at all times while operating their rigs. Any trucking company that allows a dangerously tired person to drive one of their trucks may hold civil liability for the consequences of any ensuing wreck, as may the driver themselves.
Unfortunately, proving that a fatigued truck driver in a Baton Rouge accident was in fact the person mainly at fault for causing that accident can be much trickier in practice than many people expect. If you want to give yourself the best possible chances of getting the best possible case result after a wreck like this, you will want to seek the help of a truck accident lawyer from Tomeny | Best sooner rather than later.
Is Being Tired Behind the Wheel Always Negligent?
Unlike other forms of impaired driving, like driving under the influence and driving while distracted, driving while fatigued is not explicitly illegal in a way that police officers can cite—let alone arrest—someone for. That said, being fatigued enough to impede awareness and reaction time still qualifies as a breach of the duty of care all truckers have to be responsible behind the wheel at all times. This means fatigue alone can still be the basis for a civil lawsuit if it is the main and direct cause of an otherwise avoidable accident.
Another thing worth mentioning here is that the Federal Motor Carrier Safety Administration sets the following maximum working time limits for truck drivers in the interest of reducing fatigued driving:
- No more than 14 consecutive hours on duty, reset by an off-duty period of at least 10 consecutive hours
- No more than 11 total hours of driving within a single 14-hour-maximum shift
- No more than eight consecutive hours of driving without a break of at least 30 minutes
- No more than 60 hours on duty within any seven-day period or more than 70 hours on duty within any eight-day period, reset by an off-duty period of at least 34 consecutive hours
Anyone who can prove that a fatigued truck driver involved in a crash in Baton Rouge was on the road past the point when they legally should have taken a break or gone off-shift can use that as grounds to sue the driver’s employer for negligence leading up to their injuries.
Recovering for All Available Damages
Legal counsel can help recover for both special and general damages stemming from a truck wreck in Baton Rouge caused by a fatigued truck driver. This means a comprehensive claim can account for both objective financial losses like medical bills and lost work income, and for subjective personal losses like physical pain and psychological suffering.
Discuss Legal Options With a Baton Rouge Attorney After a Fatigued Truck Driver Accident
While working conditions are never an excuse for putting other people in harm’s way, the fact that fatigue among truck drivers is not always the individual driver’s fault can make the process of suing over a wreck uniquely complicated. Even worse, trucking companies that force their drivers to stay on the road for too long generally know that what they are doing is illegal, and they may continue to act unlawfully by altering or destroying evidence after a driver of theirs causes a wreck from being too tired behind the wheel.
Put simply, support from Tomeny | Best can make a world of difference in how effectively you can demand compensation from fatigued truck drivers in Baton Rouge accidents. Call today to set up a free consultation and explore what may be possible in your situation.
