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3 FAQs About Truck Accidents Caused by Fatigue

Did you know that drowsy driving can be just as dangerous as drunk driving? Sleep deprivation affects cognitive functioning and reflexes in much the same way as alcohol, yet millions of people who would never drive under the influence make a habit out of driving while fatigued.

Commercial truckers are especially likely to experience fatigue while behind the wheel because of the demands of their job. Unfortunately, due to the immense size and weight of these vehicles, commercial truckers are also likely to cause considerable damage and serious injuries if they fall asleep en route.

If you were hurt in a truck accident caused by fatigue, read on for the answers to some frequently asked questions about these claims:

1. How can I Prove a Trucker was Driving While Drowsy?

There are many kinds of evidence your attorney may use to prove the trucker was fatigued. Examples include:

  • Black Box Data: Information from the truck’s event data recorder, or “black box,” could serve as valuable evidence. If the data shows the trucker didn’t even attempt to apply the brakes before the collision, this may indicate that he or she fell asleep. Black box data might also show that the trucker violated Hours of Service (HoS) regulations by staying on the road for too many consecutive hours.
  • Logs and Receipts: Driver’s logs, toll booth receipts, and weigh station records may help your legal team determine whether the trucker violated HoS regulations.
  • Eyewitness Testimony: Those who were traveling near the big rig before the accident may have witnessed the trucker nodding off.
  • Surveillance or Dash Cam Footage: Any video footage of the trucker asleep behind the wheel would contribute to the strength of your claim.
2. How Long Will It Take to Resolve My Case?

Medical bills and other costs can add up quickly after a truck accident. As such, it’s common for victims to seek a quick payout. Unfortunately, the insurance company’s first offer might not be fair, and if you accept a low settlement, you might end up in overwhelming debt.

There’s no set timeline for resolving truck accident claims. Factors that might influence the duration of the proceedings include:

  • The strength of your evidence;
  • The amount of time it takes you to reach maximum medical improvement;
  • The amount of compensation you’re seeking;
  • The insurance company’s willingness to cooperate; and
  • Whether your case ends up in court.
3. What Kinds of Damages can I Pursue?

Truck accident victims in Florida can pursue compensation for:

  • Property damage;
  • Alternative transportation;
  • Medical bills;
  • Home care;
  • Lost income and benefits;
  • Loss of future earnings;
  • Child care;
  • Domestic help;
  • Necessary home and vehicle modifications;
  • Pain and suffering;
  • Emotional distress; and
  • Loss of enjoyment in life.
Call 772-266-5555 to Discuss Your Case with a Florida Truck Accident Attorney

If you were hurt in a truck accident caused by a drowsy driver, contact Donaldson & Weston to determine the most strategic way to proceed. We will conduct a thorough investigation, interview witnesses, gather critical evidence of fault, and help you fight for the compensation you deserve. Call 772-266-5555 or use our Online Contact Form to set up a free case evaluation with a truck accident lawyer in Florida.

What Our Clients Say
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The attorneys at Donaldson & Weston helped me get an amazing result on my case. Obviously I’ve been through a lot physically but I feel better now and the money really helped my family. When I was riding my bicycle I was hit by a truck that wasn't paying attention. I am not the suing type, but I would definitely hire this firm again. - M.P.
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After my accident, i felt like I was being pulled in a bunch of different directions. I really didn't know what to do and all I wanted was someone to shoot me straight. The lawyers at the firm were so honest and definitely pointed me in the right direction. The staff was professional. I think it’s great that only attorneys work on my case, it definitely made me feel comfortable - D.L.
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After my accident happened I waited to hear back from the insurance company for about 6 months. I just felt like they kept jerking me around. They even told me not to hire an attorney because it would mean less money in my pocket. I couldn't wait any longer because my bills were out of hand. I hired this firm and they were solid. I got a great result without having to go to court. - S.C.