Myrtle Beach Lawyers for Truck Accidents Caused by Driver Fatigue

According to a recent survey, approximately 13 percent of commercial truck drivers who have been in accidents report that they were drowsy at the time of the accident. This is an alarming proportion, especially considering the federal provisions in place to attempt to reduce the practice of commercial drivers operating their vehicles while drowsy.

Surprisingly, according to the Federal Motor Carrier Safety Administration (FMCSA), staying awake for 18 hours has the same negative effects on a person’s driving abilities as a .08 blood alcohol content. This can lead to a loss of concentration, slowed reaction times, inability to stay in one’s own lane, and impaired ability to make driving decisions in emergency road situations.

If you have been injured in an accident that was caused by trucker fatigue, the legal professionals at the Law Office of William J. Luse, Inc. Accident & Injury Lawyers understand how devastating this can be. We know that it is not possible to undo the harm and suffering the accident caused, but you may be eligible to pursue compensation for your injuries, losses, and psychological suffering that came about because of the incident. The experienced Myrtle Beach truck accident attorneys of the Law Office of William J. Luse, Inc. Accident & Injury Lawyers can use their knowledge and skill to help you secure the compensation you deserve. Call us today at (843) 839-4795 for a free consultation.

What Is Truck Driver Fatigue?

The FMCSA notes that fatigue comes about due to physical or mental exertion. It seriously impairs driving performance and results from a lack of sleep, excessive work hours, or medical conditions that have an impact on the driver’s amount or quality of sleep. Fatigue can manifest in the following phenomena:

• Heavy eyelids/excessive blinking
• Frequent yawning
• Slowed response times
• Lack of memory of the last several miles of a journey
• Random increase or decrease in driving speed
• Microsleeps
• Driving on the rumble strip or missing an exit

Causes of Truck Driver Fatigue

Sufficient, good-quality sleep is essential when it comes to maintaining one’s concentration and optimal response times, both of which are vital when driving a large commercial vehicle. The problem is that many aspects of a trucker’s profession make getting the sleep they need a challenge.

• Driving at night – Due to the reduced traffic, many long-haul truckers elect to do much of their driving at nighttime. However, that is when human beings’ instincts tell them to sleep. It is unsurprising, then, that most truck accidents tend to occur in the nighttime hours.
• Sleeping in a sleeper berth – In the first hour after a trucker has been sleeping in the truck’s sleeper birth, the driver may be subject to “sleep inertia.” This is a post-waking state in which a person’s thinking is duller, and their reaction times are slower.
• Sleep apnea – According to the FMCSA, nearly a third of truckers have sleep apnea. This is a breathing-related sleep disorder in which a person’s breathing is interrupted throughout their night’s sleep. The result of these pauses in breathing is that the person is more likely to be drowsy throughout the day, even if they think they’ve had a full night’s sleep.
• Unhealthy diet – Truckers spend so much time on the road that they have reduced access to healthy meal choices. This can mean that they often skip meals, eat at irregular times, or eat lots of junk food, which can influence the driver’s alertness and their ability to get a healthy amount of sleep.
• Drowsiness-inducing medications – While drivers are subject to regular screening for intoxicating drugs and alcohol, many of them take medications that are intended to treat pain, sinus congestion, or allergies. These types of medicine often have the potential to make the individual drowsy.

Proving Your Case if You Were Injured Due to Truck Driver Fatigue

If you have been injured in an accident that happened because of truck driver fatigue, the most important step in filing a claim against the at-fault party is proving that the driver’s (or another at-fault party’s) negligence was the cause of the accident. To do so, you must establish the following:

• The at-fault party owed you a duty of care – The duty of care is how a prudent driver would have reasonably responded in a similar circumstance, such as ensuring they had adequate sleep or that any medical conditions were properly treated before engaging in work that involved operating a large commercial vehicle.
• The at-fault party was in breach of their duty of care – This could include, for example, failing to treat sleep apnea, failing to take the legally required breaks, etc.
• This breach of the duty of care led directly to the at-fault party’s causing an accident that affected you financially and psychologically.

Truck Accident Compensation

After you have been in a truck accident, an experienced attorney can help you file a claim for both economic losses (such as the cost of medical expenses, medication, property damage, wage losses due to missed time at work, etc.) and non-economic losses (such as physical and psychological pain and suffering). The amount of your compensation will depend on the unique circumstances of your case, and your attorney will help you come to a good understanding of what you might be owed.

Contact an Experienced South Carolina Truck Accident Attorney Today

Following a truck accident that leaves you with injuries, you might be feeling uncertain about what your next steps should be. The legal team at the Law Office of William J. Luse, Inc. Accident & Injury Lawyers understands that you have a lot on your plate, and we want to help. Our skilled and knowledgeable lawyers can take care of filing the paperwork and dealing with insurance agents so that you can focus on your physical and emotional recovery.

It is important that you speak to a legal professional as soon as you can after your accident, especially before you speak to the at-fault party’s insurance representative. Their job is simply to pressure you into accepting a lower settlement than you deserve. The team at the Law Office of William J. Luse, Inc. Accident & Injury Lawyers will work to make sure your best interests are protected.

Contact us today for a free consultation about your case, and we will help you understand what your legal options are. We are prepared to fight aggressively to secure the compensation that you deserve. Call us now at (843) 839-4795.