Ohio Truck Accident Help
A Division of Ohio Truck Accident
Common Causes of Ohio Truck Accidents
Like anyone behind the wheel, truck drivers get tired. Unlike other drivers, professional truck drivers operate large, heavy vehicles, and accidents can have devastating consequences.
You might be entitled to compensation if you or a loved one were injured or killed by a fatigued truck driver. Ohio Truck Accident Help and our team of truck accident lawyers are prepared to help.
Call (855) 721-2737 or contact us online to schedule a free, no-risk consultation.
According to the Centers for Disease Prevention and Control, the average adult requires seven to nine hours of sleep daily. The Federal Motor Carrier Safety Administration reported about 5% of the 2020s 4,777 fatal crashes involved some impairment violation, including fatigue. The Ohio Highway Patrol reported 192 fatal crashes involving a commercial motor vehicles in 2021.
Drivers can become fatigued if they spend too much time on the job, not getting enough sleep over multiple days, not eating correctly, disrupted sleep cycles, or have long, monotonous periods. Overtired drivers have delayed reaction times or could fall asleep at the wheel.
Because truck drivers can be tasked with driving long distances, it’s understandable they might try to make up time by going a little further in a day and may not take the time to eat proper meals. Some drivers may also drive at night to avoid traffic, which could upset their circadian rhythm.
A drowsy truck driver is not the only cause of a truck accident.
The FMCSA has standards to limit the chance of lack of sleep-related fatalities and reduce injuries. For example, service rules are in place to restrict the hours a truck driver may operate their vehicle.
Drivers must also maintain logbooks containing an accurate and complete record of their activities every 24-hour period.
Some trucks have an electronic logging device connected to their vehicle, automatically recording its operation. However, the driver or dispatcher can falsify these records — something a truck accident lawyer knows to look for when building a case after an accident.
Additionally, the Ohio Department of Transportation requires commercial truck drivers to undergo a medical examination by a physician every one to two years to certify their physical and mental fitness to operate a commercial motor vehicle.
Unlike a crash with a driver under the influence of alcohol, fatigue can be difficult to prove in a truck accident. However, an experienced truck accident lawyer will know how to find evidence to support a tired driver claim.
Drivers will have records like their logbooks or ELDs, which can be found during an attorney’s investigation. Commercial vehicles like semi-trucks can be equipped with a “black box,” much like a commercial airplane. It records data about the drive and can even record an event like a crash.
Some trucking companies require dashcams that record their drivers as they work. There could also be video recordings of the crash, recorded by surveillance cameras or cameras around the crash.
Much of this data belongs to the trucking company, so it’s possible it could get deleted before you or your attorney can retrieve it. However, a knowledgeable lawyer can file to preserve the data to help your case.
Several people can be liable for a fatigued truck accident. The truck driver could be liable, as they operated the vehicle during the crash or violated trucking laws.
The trucking company could be liable, especially if they force their employees to meet impossible deadlines.
Brokers might also be liable if they did not screen the truck drivers properly and missed conditions that could lead to fatigue.
Ohio truck accidents can cause extreme damage and injuries to other drivers. Victims could face medical care expenses, reduced income, lifelong disruptions to their usual way of life, or even death.
Under the Ohio Revised Code, personal injury victims will have two years to file a claim following a truck accident. They are eligible to sue for the following:
Trucking accidents are complex. A proficient Ohio truck accident lawyer can guide you through filing the claim and building your case. Finding a firm with experience in truck accident cases is an advantage.
They’ll be able to gather the proper evidence to prove a truck driver’s fatigue caused you or your loved one to suffer. A lawyer can negotiate and represent you to the trucker’s insurance company or employer.
If they aren’t willing to settle and pay you the compensation you deserve, your truck accident lawyer can take the liable parties to court to get you a better outcome.
Call Ohio Truck Accident Help at (855) 721-2737 to schedule your free consultation today.