Help for Those Injured in Massachusetts Trucking Accidents Caused by Driver Fatigue
Compensation for harm caused by overworked, tired truckers on the road
At the Boston personal injury firm of Swartz & Lynch LLP, our attorneys know what can happen when truck driver fatigue sets in. We know because we have seen the results: accidents resulting in catastrophic injuries such as head and brain trauma, paralysis, excruciating burns, organ damage, amputations, loss of vision or hearing, and sometimes death.
Concern about the injuries and fatalities involved in fatigue-related truck accidents was significant enough that the Federal Motor Carrier Safety Administration (FMCSA) revised its Hours of Service (HOS) rules in 2012:
- A truck driver cannot drive more than 11 hours following 10 consecutive off-duty hours.
- Drivers cannot work more than 60 hours in a seven-day period or 70 hours in an eight-day period. They cannot “restart” this schedule until they have had a minimum of 34 hours off duty.
- Under the sleeping berth provision, a driver must have at least eight consecutive hours of rest in the truck’s sleeper berth plus two consecutive hours in the sleeper berth or off duty.
- A trucker cannot drive more than eight hours beyond his or her last off-duty or sleeper-berth rest of at least 30 minutes.
Because truckers are generally paid per mile, they have an incentive to finish their runs as quickly as possible — and so does the trucking company. When drivers fail to comply with the HOS regulations and their fatigue results in truck crashes, they can be held liable for victims’ injuries.
Our lawyers pursue every avenue of compensation in truck driver fatigue cases
If you or your family member has been injured because of truck driver fatigue, our experienced accident attorneys are here to provide legal guidance. Collecting evidence quickly is an important factor in getting you the greatest possible compensation. As your personal injury lawyers, we’ll start by obtaining an accurate account of the driver’s Hours of Service, which all truckers are required by law to log.
Chances are that there may be more than one liable party from whom you can recover damages, especially if other issues were involved in the accident, such as a tire blowout, driver distraction, operating under the influence (OUI) or an overloaded truck. If the trucking company or cargo owner pushed the driver into keeping to a nearly impossible schedule, it may also be responsible for the trucker’s fatigue.
Commercial trucks are lifelines, transporting goods from producers to consumers. The owners and operators of those trucks also have a responsibility to do their jobs safely. When they fail to do so, we make sure they pay.
Contact an experienced Boston attorney today
Do not jeopardize your right to collect compensation for a truck accident caused by driver fatigue. If you were injured or lost a family member to one of these tragic and totally preventable incidents, call Swartz & Lynch LLP at 857-250-0664 or contact our firm online to schedule a free initial consultation with a lawyer who is committed to getting you justice.