Truck Driver Fatigue Accident
Schedule a Free ConsultationCalifornia is one of the leading states in the nation for deadly large truck accidents and is surpassed by only Texas for the number of fatal collisions involving commercial vehicles. Truck driver drowsiness is a leading cause of commercial vehicle crashes, with too many truckers staying behind the wheel past the point of exhaustion.
A Southern California truck accident caused by driver fatigues can be life-altering, leaving you with painful and traumatic injuries and mental anguish. Unfortunately, a crash involving trucks or other large commercial vehicles can also put families into financial uncertainty as medical bills pile up and the injured person cannot work during recovery.
At Shamsi Law Firm, APC, we believe truck accident victims deserve a strong advocate to help them pursue the compensation they deserve after a crash caused by an overly tired trucker. There is no question that truck driving is a stressful and demanding job. However, when the careless actions of fatigued drivers cause an accident, you deserve maximum compensation for your injuries and financial losses.
Are you ready to learn more about your legal options for recovering compensation from a legal team who listens to you? Contact an experienced truck accident lawyer in North Hollywood with Shamsi Law Firm, APC. We are ready to provide a free case analysis and information about your best legal options in truck accident cases.
Why You Need Our Law Firm After a Fatigued Trucker Crash
Why do you need a North Hollywood truck accident lawyer following a crash with a fatigued truck driver? The answer is simple. Big rig accidents caused by fatigue are significantly more complicated than other traffic accidents.
Trucking companies and insurance companies are profit-driven entities. They focus on their bottom lines and not on your health and safety. Their priority is protecting themselves from liability and minimizing what they must pay out. They want you to settle quickly for less than the total value of your losses. They can exploit your vulnerability and ignorance of the situation to their benefit and your detriment. The insurance company is not on your side, but our personal injury attorney is.
You also need a lawyer fighting for you because proving truck driver fatigue can be challenging. Much of the evidence required to establish that a driver was too tired at the time of the accident – like black box data and hours of service logs – is trucking company property. Often, it takes aggressive legal intervention to get the evidence needed to build a compelling fatigued truck driving accident claim.
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Mr. Sean Shamsi is the principal and founder of The Shamsi Law Firm, APC. He received his Juris Doctorate from the New England School of Law in 1998.
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Causes of Fatigued Truck Driver Accidents in Southern California
There are several ways fatigued truck driving accidents can occur. Some of the most common causes of fatigued truck driver accidents in Southern California include:
- Driving for extended periods in violation of hours of service (HOS) regulations
- Driving overnight and at odd hours
- Driving while on medication that causes drowsiness
- Lack of sleep
- Undiagnosed sleep disorders
- Medical conditions that make driving dangerous
Some truck drivers bow to the pressure of their employers and push themselves beyond their physical and mental limits. Truck driving can be a stressful and demanding career with long hours driven by tight deadlines.
How Does Fatigue Contribute to North Hollywood Truck Crashes?
Most people don’t think twice about getting behind the wheel after a rough night. Unfortunately, that is one of the most dangerous things truck drivers can do. Data from a poll conducted by the National Sleep Foundation shows that 62 percent of survey respondents admitted to driving while overly drowsy. Truck drivers controlling nearly 80,000 pounds of metal, glass, and cargo must be fully aware of their surroundings and ready to respond to changes in weather and traffic patterns instantly.
Yet, how does fatigue contribute to North Hollywood truck accidents? Studies show that sleep deprivation affects the human body in many of the same ways as excess alcohol. Eighteen hours awake is comparable to having a blood alcohol concentration (BAC) of 0.05 percent. That means reaction time, coordination, and judgment are impaired in drivers experiencing fatigue. After 20 hours awake, the body is significantly more impaired, the equivalent of a 0.08 percent BAC. The legal limit for California drivers with commercial driver’s licenses is 0.04 percent or higher.
Fatigue can impair driving ability and lead to:
- Swerving between lanes
- Issues with maintaining speed
- Issues with maintaining a safe following distance
- Slow reaction times
- Poor decision-making
- Poor hand-eye coordination
- Impaired judgment
- Impaired depth perception
Truck drivers may also fall asleep behind the wheel due to excess fatigue, leaving no one in control of a large and potentially destructive vehicle.
Truck Driver Hours of Service Regulations
The federal government recognizes the devastation that can come from large truck crashes related to fatigued driving. To help curb fatigue in truck driving, the Federal Motor Carrier Safety Administration imposes strict hours of service (HOS) regulations on the hours truck drivers can stay behind the steering wheel. Hours of service regulations restrict how long a driver can operate a large commercial truck within specific timeframes.
Commercial truck drivers can drive only a maximum of 11 hours after 10 consecutive hours off duty, according to federal law. Truck drivers must also take 30-minute rest breaks after 8 cumulative hours behind the wheel. The agency also has federal regulations regarding sleeping periods for truck drivers using sleeper berths.
Drowsy Driving Statistics in Southern California
The Federal Motor Carrier Safety Administration estimates that at least 13 percent of accidents involving large trucks and commercial vehicles are due to driver fatigue. Data from the Governors Highway Safety Association suggests that 10 to 20 percent of large truck or bus crashes in California in one recent year involved a tired driver.
California recorded 364 fatal crashes involving large commercial trucks in one year, coming in behind only Texas for the most fatal truck crashes in the nation.
What Can I Do If a Fatigued Driver Caused My Accident?
The best way to protect yourself after an accident with a tired trucker is to enlist the help of an experienced fatigued truck driver accident attorney. Our North Hollywood truck accident lawyer can help you manage the often-complicated process of filing a personal injury claim. The trucking company controls hours of service logs and other evidence indicating a truck driver was overly tired at the time of the collision. Recovering that evidence can take a tenacious legal intervention.
Our personal injury lawyer can also support you during your recovery, giving you the precious time you need to heal. In the meantime, we can work aggressively behind the scenes to build a solid claim and negotiate for all the money you deserve. The stress of handling the complex claim process and going head-to-head with an intimidating trucking company and its insurer is off your shoulders.
What can you do if a fatigued driver causes an accident? You can turn to Shamsi Law Firm, APC, for a resourceful, experienced North Hollywood truck driver fatigue attorney who can help you maximize your compensation.
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Questions or Schedule An Appointment? Call Us: (818) 764-7640
Questions or Schedule An Appointment? Call Us:
(818) 764-7640
How Our North Hollywood Truck Accident Lawyers Can Help
At Shamsi Law Firm, APC, our legal team wants to help you recover the money you deserve. We fight to protect your rights, collect and preserve vital evidence, and negotiate on your behalf for justice and maximum compensation.
Discuss your case with us today. Contact our North Hollywood truck accident lawyer for a free consultation.
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How a Personal Injury Lawyer in North Hollywood
Can Help if You Were Hurt in an Accident
Sean Shamsi will take the time to listen to you, provide free advice about your best legal options, and give an honest assessment of whether you have a valid case.
He will thoroughly and independently investigate your accident, work with noted experts to build a strong case, and handle all communications with the insurers on your behalf.
Sean will make your case a priority, give it the care and attention to detail it deserves, and take it to court if that’s what it takes to get you the compensation you deserve.
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For Sean, a personal injury lawsuit should never be “just another case.” It’s an opportunity for a client’s voice to be heard. With a proven track record of results for North Hollywood accident victims, Sean knows how to demand and deliver justice.
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Questions or Schedule An Appointment? Call Us: (818) 764-7640
Questions or Schedule An Appointment? Call Us:
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Our FAQ's
Frequently Asked Questions About Truck Driver Fatigue Accident in North Hollywood, California
What is the statute of limitations for personal injury cases in North Hollywood, California?
In California, the statute of limitations for personal injury cases is generally two years from the date of the injury. You must file your lawsuit within this time frame; otherwise, you may lose your right to pursue compensation. However, exceptions exist, such as cases involving minors or when the injury wasn’t immediately discovered. Consult a personal injury attorney, who can explain your options.
Can I still file a claim if I was partially at fault for the accident?
You can still file a claim even if you were partially at fault for the accident. Under California’s comparative negligence system, your compensation will be adjusted based on your level of fault. It’s important to discuss your case with a personal injury lawyer to understand how fault may impact your claim.
What should I do immediately after a personal injury accident?
After an accident, seek medical attention, even if you don’t feel injured. Document the scene by taking photos and gathering witness information. Report the accident to the relevant authorities and contact a personal injury attorney as soon as possible to discuss your options.
How long does it take to resolve a personal injury case?
The duration of a personal injury case can vary widely depending on the complexity of the case, the willingness of the parties to settle, and court schedules. Some cases settle within a few months, while others may take several years — especially if they go to trial.
Do I need to hire a personal injury lawyer for my case?
While not legally required, an experienced personal injury attorney can help you pursue fair compensation. A lawyer can gather evidence, negotiate with insurance companies, and represent your interests in court.
How is fault determined in a North Hollywood, California personal injury case?
California follows a “comparative negligence” rule, meaning that the fault may be distributed among all parties involved in the accident. Your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your damages will be reduced by 20%.
What types of damages can I pursue in a personal injury case in North Hollywood, California?
In a California personal injury case, you can pursue several types of damages, including economic damages like medical expenses, lost wages, and property damage. Non-economic damages are also recoverable, such as pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct.
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