Methods of Proving a Trucker Was Fatigued When They Hit You

 Posted on November 08, 2023 in Truck Accidents

Truck driver fatigue is a serious concern on the roads, and it can lead to devastating accidents and injuries. If you have been involved in an accident with a truck in California and suspect that the driver was fatigued, it is crucial to gather evidence to support your claim. Many injured individuals may be unaware of what they should do or who they should turn to for assistance in their case. The best resource to turn to in your time of need is a knowledgeable lawyer. They will take on your case and help you gather evidence, protect your rights, and more.

How to Prove a Trucker Was Fatigued While Driving

1. Hours of service – The Federal Motor Carrier Safety Administration (FMCSA) has well-established Hours of Service (HOS) regulations to prevent truck driver fatigue. These regulations are in place to dictate the maximum number of hours a truck driver can be on duty and the required rest periods. Requesting the truck driver’s logbook or electronic logging device (ELD) records can provide crucial evidence of their compliance with HOS regulations. Analyzing these records can reveal any violations, such as excessive driving hours or inadequate rest breaks, supporting your claim of driver fatigue. 

2. Witness statements – Eyewitness testimony can be instrumental in proving truck driver fatigue. If there were witnesses present at the scene of the accident, their accounts could provide valuable insight into the driver’s behavior. Witnesses may have observed signs of fatigue, such as yawning, nodding off, or erratic driving. Collect contact information from witnesses and work with your attorney to interview them and gather their statements, which can strengthen your case.

3. Trucking company records – Trucking companies are responsible for ensuring their drivers comply with safety regulations, including HOS rules. Requesting records from the trucking company can provide evidence of any potential negligence or violations contributing to driver fatigue. These records may include driver schedules, dispatch logs, and maintenance records. Analyzing these documents can help establish whether the trucking company failed to monitor and enforce HOS regulations, potentially contributing to the driver’s fatigue. 

Contact a Riverside County, CA Truck Accident Lawyer 

Proving truck driver fatigue in an accident requires a combination of evidence and analysis. Hours of Service records, witness statements, and trucking company records can all contribute to building a compelling case. If you were injured in a truck accident, contact the skilled Temecula, CA truck accident attorneys with Maineri Law Firm. Call 951-698-4200 for a free consultation.