Who’s to Blame If an Accident Was Caused by a Drowsy Truck Driver?
Call (800) 863-5312 to Speak with Experienced Truck Accident Lawyers for Free
Although trucking companies implement policies and procedures that are designed to prevent auto accidents, such collisions still unfortunately occur on a frequent basis. Trucking accidents can occur for several reasons, including mechanical failure, dangerous road conditions, or negligent behavior. However, one of the most common causes of trucking accidents is driver fatigue or drowsiness.
If you have been injured or involved in a collision with a semi-truck due to a drowsy driver, you are probably concerned about several important issues. Although taking the time to heal and recover from your injuries it what’s most important, understanding some of the legal aspects of your claim can be very helpful. Understanding who is at fault for such accidents can help you figure out the best way of pursuing a claim or lawsuit.
If you or a loved one has been involved in a truck accident caused by a drowsy driver, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our experienced truck accident attorneys.
Trucking companies must adhere to strict federal laws that govern the work hours and working conditions of truck drivers. Similar to other labor laws, these trucking laws establish the maximum number of hours that a truck driver can work in a given amount of time. The laws also establish certain precautions designed to prevent the occurrence of truck accidents due to fatigue.
Although the ultimate goal of these laws is to reduce the number of over-worked and fatigued truck drivers on the road, the fact of the matter is that there are still quite a few drowsy truck drivers behind the wheel. This happens for several reasons. For instance, trucking companies may, and often do, demand a lot from their employees.
Despite the restrictions on work hours established by the trucking laws, a trucking company may still decide to over-schedule one of its employees. The pressure to meet deadlines and stay profitable can cloud a company’s judgment, often resulting in questionable business practices. Similarly, truck drivers often demand a lot from themselves.
The desire to impress an employer, the desire to get as much work done as possible, or just pure pride can cause a driver to over-exert himself. In some cases, a driver may falsify his work hours or logs or even skip mandatory rest periods.
Who is Liable?
When a truck accident does occur due to a drowsy driver getting behind the wheel, the driver is at least partially at fault for the accident. However, a legal doctrine referred to as “respondeat superior” also sets out a theory of liability against the trucking company that employs the driver. Respondeat superior is a form of vicarious liability that holds an employer responsible for the negligent acts or omissions taken by the employees or agents of the employer. This means that a trucking company can be held financially accountable in the event that one of its drowsy truck drivers gets into a wreck with another vehicle.
How Hiring an Attorney Can Help You
Handling a truck accident case with serious legal implications requires an extensive set of skills and expertise. Not all people have the legal knowledge or resources necessary to settle or litigate a truck accident case. An attorney with a background in these unique types of cases will be able to provide valuable benefits that a layperson simply cannot obtain elsewhere.
Understanding the Law
Hiring an experienced truck accident attorney who is familiar with federal trucking laws and regulations, as well as the complex legal doctrine of respondeat superior can be vital to the outcome and success of your case.
An attorney who has experience handling truck accidents understands how important the investigation process is to the outcome of a case. A skilled attorney can conduct thorough investigations that may produce key evidence that can be favorable to your case.
Because evidence such as witness statements and surveillance footage may be difficult to obtain, it is important to consider hiring an attorney who knows all about the proper investigation procedures.
Choosing the Best Strategy
In addition to understanding truck accident laws and collecting important evidence, a truck accident attorney can decide what the best legal course of action for your case is. Based on the facts and circumstances of your case, an attorney can determine whether filing a lawsuit is likely to lead to the most favorable outcome. This decision-making ability is another crucial component that an experienced truck accident lawyer has to offer.
Our Experienced Truck Accident Lawyers Will Fight on Your Behalf
At Zinda Law Group, our truck accident attorneys have the experience and skills needed to assist you in case of a truck accident. Our lawyers have handled many cases involving over-worked and over-stressed truck drivers. Our firm can provide you with the knowledge and resources necessary to help you address the concerns that come with being involved in a wreck.
Our firm also believes that an injury victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Fee Guarantee.
If you would like to speak with an experienced truck accident lawyer, or to learn more liability following a truck accident, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.
Meetings with attorneys are by appointment only.