If you’ve been in an accident with a truck and think the driver might have been fatigued, you should reach out to a personal injury lawyer. Figuring out who’s at fault in truck accidents by yourself can get tricky since more than one party could be liable for the harm they caused. In contrast to typical car accidents, truck accidents frequently include insurance providers, large companies, and state-level or government agencies. To determine liability, you will want an extensive investigation of all factors that could have contributed to the accident. If you or a loved one has sustained injuries from a truck accident, determining liability is a key factor in helping you obtain compensation.

This blog will discuss liability in accidents caused by truck driver fatigue in California.

Possible Liable Parties in Truck Crashes Involving Drivers Who Are Fatigued

Generally, liability in these cases usually does not fall on only one party. It often involves multiple parties, all of whom may have contributed to causing the crash by their actions or inactions.  A careful review of the facts in determining all of the potentially responsible parties is important to maximize your recoverable compensation.

The Fatigued Truck Driver

In the event of a truck accident, the conduct of the truck driver often seems to be a major focus. All drivers in California have a responsibility to look out for others on the road. Drivers must drive safely, obey the traffic laws, and take reasonable precautions not to injure anyone.

Truck drivers even bear a greater responsibility because they drive large vehicles that could cause more damage. When truck drivers are negligent, their actions can increase the risk of crashes.

One of the most common trucker violations involves ignoring the Hours of Service enforced by the Federal Motor Carrier Safety Administration. That not only violates safety standards, but it is also a blatant disregard for the safety of others.

Also, when drivers use stimulants to combat fatigue, as opposed to properly resting, it demonstrates disregard for safety.

The negligence worsens when drivers falsify logbooks to hide violations of Hours of Service regulations. Many do this to avoid getting caught by authorities, which actively conceals dangerous driving habits. That puts innocent drivers’ lives at risk.

Trucking Companies 

 

Along with the personal responsibility of tired drivers, trucking companies often face significant legal claims for the serious consequences of an accident. That liability comes from two main legal aspects: 

  • Direct negligence
  • Vicarious liability 

Vicarious liability, often referred to as”respondeat superior,” means that an employer is responsible for their employee’s acts if those actions occur while the employee is doing their job. For instance, if a trucker gets into an accident while on duty, the employer can be held liable, even though the driver was at fault.

However, a trucking company’s responsibility isn’t just about their drivers’ acts. A company may be negligent in several ways:

  • A company may hire a trucker without appropriate due diligence, even with underlying knowledge of the driver’s history of safety violations, including a history of reckless driving, or a history of Hours of Service violations
  • By not thoroughly checking the background to assess a driver’s history, or by ignoring indications of a driver’s problematic history, the company is demonstrating a clear disregard for safety
  • When a truck company keeps a driver on the job despite receiving multiple reports about bad driving patterns or signs of severe fatigue, it contributes to the risk
  • Not offering sufficient training on fatigue management, Hours of Service compliance, or defensive driving development can lead to a driver operating a truck unsafely when tired directly

Companies can create a situation where unsafe behaviors are rewarded when they push drivers to meet unrealistic deadlines for delivery and reward them for violating Hours of Service or driving tired.

This pressure often shows up when dispatchers urge drivers to disregard rest breaks or forge logbooks, prioritizing profit over safety. When you look at the company’s regulatory practices and training errors, it’s clear that they contribute to driver fatigue and negligence. The responsibility lies directly with them.

Government Bodies

Government bodies also share some responsibility in truck accidents, even if it’s less obvious than that of the trucker or trucking company. Bad road conditions can play a significant role, especially with fatigued drivers behind the wheel. Counties, municipalities, and state transportation boards need to ensure they build, maintain, and design safe roads for everyone.

If someone breaks this duty and it directly causes an accident, the responsible government agency might face accountability. For a driver dealing with fatigue, even a small bump in the road or a misleading sign can turn a tough scenario into an unstable one that causes injury.

For instance, a badly designed interchange that requires tricky maneuvers or sudden lane changes could pose serious risks for a tired driver whose reaction time is slowed. Moreover, not giving adequate warnings of hazards—sharp turns, construction zones, or sudden lane merges—can also surprise an already fatigued driver. In addition, failing to properly maintain roads by keeping surfaces smooth, potholes repaired, and sufficient drains to prevent hydroplaning can directly contribute to a loss of control, especially if the driver is less alert.

Suing a government entity can be a challenge due to the principle of sovereign immunity, which typically prevents lawsuits directed at a government organization, other than when it chooses to waive immunity. It is possible to try to overcome and/or challenge the idea of immunity, but time deadlines for submitting your claims notice, as well as the damages to be sought, are typically strict. However, if a government entity was directly negligent in maintaining or designing its roads and that negligence led to your accident, it may still be possible to pursue some kind of compensation and justice.

Manufacturers of Truck Parts

As for truck accidents, sometimes the vehicle itself is to blame. A defect in the truck’s parts or systems can transform a routine drive into a serious accident, especially if the driver is already fatigued. If a mechanical failure stems from a structural flaw or manufacturing error, you can hold the parts manufacturer accountable under California product liability laws.

For instance, when a truck’s brake system fails, any motorist would struggle with that kind of emergency. However, a fatigued driver, who already has slower processing and response times, would be even less likely to prevent a crash.

Similarly, a manufacturing defect that leads to a tire blowing out can cause a heavy commercial truck to spin out of a trucker’s control. This situation becomes even riskier if the driver is tired, as they won’t be able to quickly steer the vehicle in a high-pressure moment.

Besides tires and brakes, other critical parts like engines, steering systems, or lights can also fail due to defects. If the steering system malfunctions, it can lead to a complete loss of control. That’s something even alert drivers would struggle with, and nearly impossible for someone battling severe fatigue. In these cases, your attorney might need to closely examine the part itself, including its manufacturing process, design, and usage warnings.

To investigate a product flaw, you need to check the truck’s maintenance statements, look at the accident evidence, and analyze the truck’s parts with expert help. That will help you figure out if a mechanical issue played a role in the accident.

Third Parties

When truck accidents happen, it’s common for more than a single vehicle to be involved, which brings in the reckless behavior of third-party drivers. Even if the trucker was fatigued, a negligent driver might have contributed to or worsened the crash. This situation introduces the legal idea of comparative fault, which is used in California. Comparative fault lets a court or jury evaluate each party’s responsibility in percentages, meaning that your percentage of fault can lower the amount of damages you can claim, as well as that of the other driver involved.

When a fatigued truck driver attempts to remain in their lane, another driver changes lanes and collides with them without warning. While the truck driver’s fatigue may have prevented him from reacting quickly enough to survive the accident, the other driver acted recklessly, leading to the collision.

In court, the judge can assign a level of culpability to the trucker’s fatigue, but they could also determine that the other driver’s conduct contributed significantly to the accident. The judge will hold each party responsible for the accident according to their percentage of fault, which will ultimately dictate your final settlement.

Federal Laws That Oversee Truck Drivers

The U.S. federal government enforces strict safety regulations. The FMCSA develops these rules to ensure safety for every road user. The FMCSA develops these rules to ensure safety for every road user. The Hours-of-Service rules stand out as the most crucial. 

HOS regulations form the foundation of truck driving safety. They are mandatory, not optional. These laws limit the hours commercial drivers can operate a truck each day and week. They also outline specific rest periods. 

The main goal of these policies is to eliminate crashes caused by fatigue. If a company permits a driver to break these rules, it shows clear negligence. 

Investigating whether companies follow or disregard these federal regulations is essential in any truck accident case. Breaking these rules strongly indicates that a company values profits over the safety of people.

Important Evidence in Driver Fatigue Cases

To hold a trucking company liable for truck driver fatigue, the attorney must gather strong proof of the company’s negligent conduct. This evidence often rests with the trucking companies, making it essential to request it immediately after a trucking accident.

Below are some methods to quickly guide the attorney to the information:

Electronic Logging Device

The Electronic Logging Device is required by federal law to track and record a driver’s driving speed, driving time, and rest breaks. The data recorded in the ELD is one of the most valuable pieces of evidence to establish violations for hours of service (HOS) and driver fatigue.

The Black Box of the Truck

The Electronic Control Module of the truck is the “black box” that records important information about the truck’s performance, such as truck speed, whether cruise control was used, and braking activity in the moments leading up to the accident.

Company Communications

Your attorney can request all communications between the company and the trucker. Dispatch records, text messages, and emails can provide clear evidence of the company pressuring the driver to ignore safety regulations.

The Trucker’s Qualification Record

Every company needs to keep a thorough file for each driver. This file should include their driving history, application, drug test results, and training records. Often, it reveals issues that a careless company might overlook.

Post-Accident Inspection Accounts

After a serious crash, inspectors and law enforcement look over the truck for any mechanical problems. These reports usually provide information about the trucker’s logbooks and whether they followed federal laws.

Defenses Truck Companies Can Try to Use

Trucking companies frequently attempt to escape liability by labeling their truckers as independent contractors rather than employees. They claim that they aren’t liable for the trucker’s negligent actions because the trucker isn’t technically an employee. This tactic is commonly used to protect the company from being held liable. A knowledgeable personal injury attorney can effectively challenge this defense by examining the real nature of the trucker’s relationship with their company.

Even if the trucker is classified as a contractor, your lawyer can demonstrate that the company had a lot of control over their work, which made them act like a typical employee. Additionally, the company is directly responsible for its negligence when hiring an unqualified contractor.

How Attorneys Establish Liability for Trucker Fatigue Accidents

Going up against a large trucking company requires a team that has the resources, experience, and dedication to create a fair fight. The attorney's role is to conduct a comprehensive investigation and to make certain the company accepts full responsibility for the accident.

Start an Investigation

Once you have retained an attorney, the attorney will send a letter to the trucking company notifying the company to preserve evidence relating to the accident.

Spotting a Pattern of Negligent Conduct

A lawyer goes beyond just the accident. They check the company’s extensive trucking safety history, looking for trends in Hours of Service violations, previous accidents, or other safety issues. Showing that your acts fit into a bigger picture of the company’s safety negligence proves direct wrongdoing.

Bringing in Industry Experts 

To establish a truck company’s responsibility, a lawyer often brings in qualified experts. They hire safety consultants from the trucking industry to evaluate the proof and describe to the court how the organization broke federal regulations. Accident reconstructionists might also be involved to detail how the crash happened.

Facing Corporate Legal Lawyers and Insurers

Trucking companies have aggressive legal teams focused on reducing payouts. Your attorney can stand up for you. They can also handle all interactions and push back against intimidation attempts.

FAQ For Liability For Truck Accidents Caused By Driver Fatigue

Below are some frequently asked questions on accidents caused by driver fatigue:

What is Driver Fatigue?

Driver fatigue is experiencing tiredness or exhaustion while driving. Here is a list of potential factors related to fatigue: 

  • Depression 
  • Jet lag 
  • Inactivity 
  • Illness 
  • Medication 
  • Overexertion
  • Drug and alcohol use
  • Diet

Why is Driving While Fatigued Dangerous?

Driving while fatigued is unsafe. A fatigued driver might:

  • Close their eyes for extended periods of time
  • Respond more slowly
  • Be less aware of what is around them
  • Not stopping in time to avoid an accident
  • Be oblivious to pedestrians, traffic signals, or other movements on the road
  • Injure themselves and others on the road
  • Drive out of their lane

How is the Liability of the Company Different From the Liability of the Driver?

In regard to liability, the driver bears liability for their own decision to drive while fatigued. However, the trucking company has broader liability. They are accountable for their drivers’ acts as employers and for their own negligence, like intimidating drivers, inadequate training, or disregarding safety regulations.

Your personal injury lawyer will assist you in filing claims against all parties that share responsibility for your injuries or damages.

What Happens When The Truck Company Contacts Me Immediately With A Settlement Offer?

If the trucking company reaches out to you with a quick settlement offer, be very careful. That is often a strategy used by trucking companies’ insurers to settle a case for much less than it’s worth, before you fully understand your injuries and future expenses. It’s wise to wait until you’ve gathered all necessary evidence before accepting any offer. A lawyer can guide you through any offers you receive.

Find a California Personal Injury Attorney Near Me

Truck accidents caused by fatigued drivers are complicated. Liability can extend beyond just the driver to include trucking companies, equipment manufacturers, government entities, and even other drivers. The deadly injuries and high costs associated with these accidents call for a thorough and strategic approach to seek justice.

Going through the combination of federal rules, company policies, and legal practices can certainly be confusing. For this reason, if you have been involved in an accident where driver fatigue may have played a role, it is always advisable to consult a personal injury attorney.

At the Truck Accident Injury Attorney Law Firm, our team of California personal injury attorneys will assist you in recovering the losses and injuries caused by the truck accident. Call us today at 888-511-3139 to schedule a consultation with us.