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Long Beach Fatigued Truck Driver Accident Attorney

Aggressive Legal Representation for Truck Accident Victims

Whether truck drivers are traveling across counties or across states, they are always in danger of falling asleep at the wheel. Long-haul semi-truck drivers are expected to work long hours, drive hundreds of miles in a day, and cross long stretches of empty highways. But this is no excuse for causing an accident.

Federal regulations require commercial truckers to take regular breaks while on the job and to rest before getting back on the road. Whether a drowsy driver violated these laws or not, if he crashed and hurt you, he can be held liable for this reckless behavior.

If you or a loved one was injured by a big rig, you should not hesitate to contact The Law Firm of Joseph H. Low IV. Our founder is a nationally recognized trial lawyer who has extensive experience holding negligent truck drivers accountable when they cause serious accidents. By working with a skilled California fatigued truck accident attorney, you can trust your case will receive the attention it deserves so that you can receive the compensation you deserve. To schedule a free consultation, call our office at (562) 901-0840 or toll-free (888) 454-5569.

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How Dangerous Is Fatigued Driving?

Numerous research organizations, including the Centers for Disease Control and Prevention (CDC), National Safety Council (NSC), National Highway Traffic Safety Administration (NHTSA), and AAA Foundation, have studied the impact of drowsiness on drivers and have determined that drowsiness can result in the same impairment as drunk driving. When drivers are fatigued, they are more likely to make poor decisions, less likely to notice adverse driving conditions or traffic signals, and more likely to drift into other lanes, speed, fail to stop at red lights, and perform other dangerous maneuvers.

In a single recent year, over 4,000 individuals were killed in fatigued driving accidents and more than 90,000 police-reported crashes involved fatigued driving, according to research from the NHTSA. The CDC has determined that commercial drivers are a high-risk group for fatigued driving. This puts everyone on the road in danger. Semi-truck drivers need to be in control of their vehicles at all times given the sheer weight, size, and power of their rigs. Drifting off for even a few seconds can allow a truck to veer into another lane and crush other vehicles. The crashes we often see include:

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HOS Regulations for Truck Drivers

The dangers of fatigued truck drivers are well-known among accident investigators and federal officials, which is why the Federal Motor Carrier Safety Administration (FMCSA) developed the hours of service regulations (HOS). The HOS regulations outline strict work hours and mandatory break periods for truckers between shifts. These laws are specifically designed to keep truck drivers from overextending themselves by forcing them to rest and recharge before getting back on the road. A driver’s failure to abide by these regulations can result in fines, loss of licenses, and other punishments, as well as penalties for trucking companies that fail to enforce these rules.

The main regulations of the HOS include:

It is important to note that as of September 1, 2020, the FMCSA issued a final rule regarding HOS that creates certain exceptions, including:

Rules or no rules, truck drivers passing through California still violate the HOS every day, resulting in catastrophic and often fatal accidents. But these laws are the not deciding factor in a personal injury claim. If a trucker was within the HOS limits and still caused a fatigued accident, then anyone who was injured in the accident can pursue a personal injury claim against the trucker for compensation.

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Who Is Responsible for Fatigued Driving Accidents?

Driving while fatigued is considered a form of negligence, so a driver would be liable if their actions led to a collision. But liability can be shared between multiple parties, especially when commercial vehicles are involved. While some truckers in California are independent contractors, others operate as employees of major trucking companies. Under California law, employers can be found liable for the actions of their employees, allowing victims to pursue a claim against the company’s commercial auto insurance policy. In addition, even if the at-fault driver was an independent contractor, the trucking company that hired him can be found liable if they contributed to the driver’s negligence.

Typically, when a fatigued trucking accident occurs, the following parties can be found liable:

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Speak to an Experienced Trial Lawyer Today

Fatigued driving accidents are difficult to spot if you don’t have a background in truck accident causes. There is no test for fatigued driving, and most data we have on these collisions come from police and hospital reports after the fact. Only in rare cases do drivers admit to being tired at the time of an accident. Thus, it is generally believed that current statistics underreport the full scale of this problem.

All of this is to say that it may not be obvious that a truck driver was fatigued when they hit you. But, with an experienced attorney by your side, you may still be able to receive compensation for your injuries and trauma. Our Long Beach truck accident lawyer at The Law Firm of Joseph H. Low IV can launch an in-depth investigation into your accident and work with expert investigators to determine how your injuries occurred. Once we have determined liability, we can hold the truck driver and trucking company liable and pursue proper compensation on your behalf. To discuss your case in more detail, call our office at (562) 901-0840 or toll-free (888) 454-5569 and schedule a free consultation.

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100 Oceangate
12th Floor
Long Beach, CA 90802

Phone: (562) 901-0840
Toll-Free: (888) 454-5569

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Copyright © 2021 The Law Firm of Joseph H. Low IV - Attorneys for The People - Serving all counties in the State of California. All rights reserved.

Long Beach Drowsy Trucker Accident Lawyer Disclaimer: The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of a particular legal matter and results vary from case to case. Please contact Joseph H. Low IV for a consultation on your particular case. This firm is licensed to practice law only in the State of California, but is affiliated with licensed attorneys in other states.

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