Fatigued Truck Drivers
Jed Dietrich, Esq. has settled in excess of 20 cases for 1 million dollars, or more, for car, SUV and truck accident injuries in Buffalo, New York. Our Buffalo, New York truck accident lawyers at the Dietrich Law Firm P.C. understand the danger that overworked and fatigued truck drivers pose to those they share the road with. If you, or a loved one, have been injured by a fatigued truck driver, you want the best personal injury attorney in Buffalo, New York. Jed Dietrich, Esq. and his top rated team of Buffalo, New York truck accident lawyers have settled $175,000,000.00 on behalf of their clients. We will battle to obtain the best possible result for YOU!Truck Drivers Are Tired
The trucking industry is vital to the American economy, transporting over 60% of the freight in the United States; this amounts to $720 billion. There is intense pressure on truck drivers to complete their routes quickly and efficiently. As a result, these drivers spend a majority of their day behind the wheel and they frequently do not sleep enough.
Fatigue is a symptom of a lack of sleep, as well as poor health habits. When a person is fatigued, their judgment and decision-making is compromised. As a result, they have slower reaction times and lose situational awareness.
If a driver falls asleep while operating an 80,000-pound trailer traveling at 65 miles per-hour, the damage can be catastrophic.
According to the National Transportation Safety Board, fatigue contributes to 30-40% of all truck accidents in the United States.
If you have been involved in a collision with a truck driver that was fatigued, under the influence of alcohol or drugs or asleep, you need a top rated Buffalo, New York truck accident attorney. Jed Dietrich, Esq. and his staff of lawyers and paralegals are aggressive, tenacious and hardworking and will fight for you to obtain the best results possible. If you want an elite and best rated lawyer with a proven track record of winning truck accident cases, call the Dietrich Law Firm P.C. for a free consultation at (716) 839-3939 today.Demands Of The Trucking Industry
According to a 2010 study from the US National Institute for Occupational Health and Safety, truck drivers work 50% more than the average worker in the United States. Although there are strict rules limiting the amount of time that truck drivers spend on the road, in the trucking industry, drivers regularly violate U.S. Commercial Driver Regulations. It is estimated that nearly 20% of truck drivers work more than 70 hours per week.
Section 395 of the Federal Motor Carrier Safety Regulations mandates that semi-truck drivers not drive more than 11 hours per day. Additionally, there is a limit to how much driving operators can do on a weekly basis. Truck drivers must not drive more than 60 hours within a 7-day period, and then must take 10 consecutive hours off within that schedule.
When truck drivers force themselves to stay awake to meet deadlines, their performance behind the wheel suffers.
According to the Centers for Disease Control and Prevention, if a person is awake for as much as 17 hours, and attempts to drive, they are as impaired as someone with a blood-alcohol content of 0.05.
Nearly 50% of all drivers surveyed admitted to “drifting off” behind the wheel. This statistic is alarming, and shows that tired truck driving is a big problem in the trucking industry.
With such a large number of trucks on the road, there are increased opportunities for accidents between trucks and passenger vehicles.
In fatal accidents between semi-trucks and passenger vehicles, 98% of the time the person who dies was an occupant of the passenger vehicle.
Statistics via: IIHS
If a fatigued truck driver hit you, they are most likely at fault for the accident. In this scenario, you need a Best Attorney of America for a truck accident in Buffalo, New York. Jed Dietrich, Esq. and his elite and top rated team of trial lawyers at the Dietrich Law Firm P.C. will zealously represent you in your truck accident case in Buffalo, New York. If you are looking for a law firm to be aggressive, tenacious and hardworking, call the Dietrich Law Firm P.C. at (716) 839-3939 today.Proving Liability In A Fatigue-Induced Accident
If you have been in a crash with a fatigued tractor-trailer driver, the superb team at the Dietrich Law Firm P.C. will help you with the voluminous and complex paperwork associated with a tractor-trailer injury claim in Buffalo, New York.
Trucking companies should be held responsible for fatigue related accidents if they employ truck drivers that are overworked, tired or otherwise unfit to drive.
Since trucking is a dangerous industry, these truck companies can be held liable through vicarious liability. Vicarious liability says that a supervising party, such as a truck company, is responsible for the actions of its employees. Some examples of vicarious liability related to trucking include:
- Allowing truck drivers to drive while fatigued;
- Allowing truck drivers behind the wheel when they are under the influence of alcohol or drugs; and
- Pressuring drivers to speed or break the rules of the road in order to complete their routes on time.
If a big rig accident results from any of the situations described above, you need a top rated and elite Buffalo, New York truck accident lawyer to help you fight for the compensation that you deserve. Jed Dietrich, Esq. has recovered millions of dollars for his clients that have been the victims of truck accidents.
Trucking companies can also be held liable for the actions of drivers under a theory called negligent supervision. Negligent supervision occurs when a company allows a negligent or reckless driver to operate a tractor-trailer. Examples include:
- Employing drivers who violate their logbooks or hours of service requirements;
- Allowing trucks on the road with mechanical deficiencies—which can lead to accidents; and
- Hiring employees as “independent contractors” as a way to violate hours of service regulations.
Although truck companies may blame the driver for the crash, in reality, these companies have a duty to make sure that when they put trucks on the road, they do not endanger the lives of citizens.
At the Dietrich Law Firm P.C., we are committed to helping those who have suffered injuries as a result of a crash or accident with a semi-truck operator. Jed Dietrich, Esq. and his superb team of lawyers and superior paralegals understand how to win truck accident cases.
Our Best Law Firm of America Buffalo, New York truck accident attorneys will hold both truck companies and truck drivers accountable for their actions if they have injured you, or a loved one, in an accident. We will zealously examine the driver’s logbooks, electronic logging devices, gas and food receipts and any other evidence necessary to attempt to obtain the best result for your truck accident. Call us today at (716) 839-3939 for a free consultation.
Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!