Truck driver accidents can be caused by a multitude of factors including truck driver fatigue. Our attorneys at Hammers Law Firm have come together to share their answers to some of the frequently asked questions about truck driver fatigue in Sandy Springs.
If our collection of questions does not clear up any of the confusion you may have, feel free to reach out to us today to ask us any specific questions. Call today to get started.
Although there are no specific rules or laws in Georgia requiring you to get a certain amount of hours of sleep before driving, there are federal regulations in place that truck drivers can violate if they do not adhere to the required rest times. If a truck driver caused an accident as a result of their high levels of fatigue and drowsiness, they could be held liable for damages and even criminal charges depending on the circumstances of the accident.
If law enforcement responded to an accident, there are a couple of ways they can determine whether the driver was fatigued and whether they are at-fault for the accident for being in a fatigued state. For example, law enforcement can check the truck driver’s logs or have the driver show them their log to determine if they had a proper break before getting behind the wheel of their truck.
If the truck driver says that they do not know how the accident happened or is overall expressing confusion, law enforcement could take that as a sign of fatigue. In addition, many trucking companies have video cameras in their tractor trailer’s recording both the roadway and the driver. Some videos have actually been able to show a driver drifting off to sleep before causing an accident.
The company must take on some type of responsibility to ensure that their drivers are not overloaded with work. Trucking companies should also give drivers the opportunity to come to them and be open about their level of fatigue. If they do not listen to their drivers, they may face serious repercussions.
On the truck driver’s side, they should make sure to get enough sleep for the journey ahead of them. They should not drink the night before or stay up all night watching TV, playing video games, etc.
In most cases, the driver is held responsible for an accident if they fell asleep behind the wheel. For example, if the driver ignored both federal regulations and their company’s regulations about getting enough rest, they will undoubtedly be held accountable if their ignorance resulted in an accident. On the other hand, if it is discovered that the trucking company forced their driver to work through their rest period, or they somehow failed to properly maintain the truck, the company could be held liable instead. However, instances in which the company is at-fault and the driver bears no responsibility are rare since this is far from the norm in Georgia.
There are many questions regarding truck driver accidents, how fatigue plays a factor, and who could be held liable in the event of an accident. Rest assured, our experienced attorneys are familiar with the frequently asked questions about truck driver fatigue in Sandy Springs and could take the time to sit with you to provide you with further insight on this subject. Call today to begin your discussion.