Fatigued Truck Driving Accidents in Las Vegas, Nevada
Fatigued driving is a well-known problem in the trucking industry. According to the Federal Motor Carrier Safety Administration (FMCSA), drowsy driving was a contributing factor in 13 percent of large truck crashes across the U.S. in a recent year.
Driving on the highways and major roads around Las Vegas means sharing the road with an abundance of large trucks, including semi-trucks, delivery vehicles, and other commercial vehicles. These are the engines of commerce, but they also represent a significant risk when their operators fail to follow safety standards. One of the most common and dangerous failures is truck driver fatigue. When tired truck drivers get behind the wheel, their driving ability is severely compromised, often leading to devastating truck accidents and, in the worst cases, fatal accidents.
A fatigued truck driver is not simply a little sleepy; they are suffering from sleep deprivation that dulls their senses, impairs judgment, and drastically increases their slower reaction times. This negligence can cause a serious Las Vegas accident or a massive truck crash. If you or a loved one has been an accident victim of one of these crashes, you need immediate and decisive legal help.
At THE702FIRM Injury Attorneys, we focus on protecting the rights of those injured by negligent commercial truck accidents. We understand the nature of litigating cases involving trucking company negligence and the severe injuries that result from a crash with a large truck. Our mission is to secure maximum compensation for accident victims in Las Vegas, holding the at-fault parties accountable.
When a truck accident caused life-altering harm due to driver fatigue, our personal injury lawyers are ready to stand up to the powerful insurance company and the corporate trucking industry.
How Dangerous Is It to Drive While Tired?
Fatigue is a major contributing factor in motor vehicle accidents throughout the United States. According to data from the Sleep Foundation:
- Drowsy driving can be hazardous even when drivers don’t fall asleep on the road.
- Being sleepy behind the wheel affects your ability to remain attentive, react quickly, and make safe driving decisions.
- The effects of sleep deprivation are similar to the types and degrees of mental impairment caused by alcohol intoxication.
- The driving ability of someone who has been sleep-deprived for just 24 hours is roughly equivalent to that of someone with a blood alcohol concentration (BAC) of 0.10.
- Thousands of crashes and hundreds of fatalities are associated with accidents caused by drowsy drivers every year.
Disturbingly, drowsy driving is all too common among big rig truck drivers. A large truck crash causation study conducted by FMCSA identified fatigue as one of the top 10 factors associated with truck accidents.
Truck Driver Hours-of-Service Regulations
Truckers are required to follow government rules dictating how long they can drive before taking a rest. These rules are known as hours-of-service (HOS) regulations. A truck driver’s “hours of service” refer to their time spent physically driving a rig as well as any time they spend “on duty,” even if they are not driving.
HOS regulations for truck drivers in the U.S. include:
- The 11-hour driving limit: Restricts drivers to a maximum of 11 hours of drive time after a minimum of 10 consecutive hours spent off-duty.
- The 14-hour on-duty limit: Prohibits drivers from driving past the 14th consecutive hour after coming on duty, having spent 10 consecutive hours off-duty. Additional off-duty time cannot be used to extend the 14-hour limit.
- The 30-minute rest break requirement: Requires drivers to take a 30-minute rest break after 8 cumulative hours of drive time.
- The 60/70-hour limit: Limits drivers to a maximum of 60 on-duty driving hours within a consecutive 7-day period or 70 on-duty driving hours within a consecutive 8-day period. A consecutive 7-or-8-day period may be restarted after a driver takes at least 34 consecutive hours off-duty.
- The sleeper berth provision: Permits drivers to split the minimum 10-hour off-duty period as long as one chunk of their off-duty period is at least 2 hours long and the other chunk includes at least 7 consecutive hours of rest in their truck’s sleeper berth. Split pairings of off-duty periods must total 10 hours.
- The adverse driving conditions exception: Allows drivers to extend the 11-hour driving limit and 14-hour on-duty limit by up to 2 hours if they encounter adverse driving conditions that would make it unsafe to stop.
- The short-haul exception: Exempts drivers from most HOS regulations if they operate within a 150 “air-mile” radius of the location where they report for work. The maximum limit of 14 consecutive hours on duty remains in effect.
Investigating a Drowsy Driving Truck Accident in Las Vegas
It can be challenging to prove that a truck driver’s drowsiness was a contributing factor in an accident in Las Vegas. Even if you witnessed the driver nodding off at the wheel, it would be your word against theirs, and truck drivers tend to be represented by aggressive insurance carriers and combative lawyers.
Hiring your own truck accident lawyer can protect your case for compensation. A drowsy driving truck accident attorney will conduct an in-depth investigation to uncover valuable evidence, such as:
- Other vehicle occupants or eyewitnesses who saw the driver nodding off behind the wheel
- Data from the truck driver’s logbook or electronic logging devices can demonstrate that the driver was exceeding proper HOS limits
- Medical evidence, such as diagnostic records of any sleep-related health conditions or prescription records for drugs that cause drowsiness
- Video footage from traffic or dash cameras that shows the truck driver’s actions and behavior in the moments leading up to the wreck
- Police accident reports, including the officer’s assessment of the trucker’s condition or any statements that he/she made that could indicate fault.
How to Avoid Drowsy Driving Truck Accidents
Here are some tips to combat the disastrous effects of driver fatigue, which include:
- Get enough sleep every night: Experts suggest sleeping for at least seven to eight hours every night. When drivers lack adequate sleep, they can be affected by short-term memory problems, impaired cognitive function, and delayed reaction times.
- Eat a healthy diet: Drivers who skip meals can become fatigued while driving or experience sleep disturbances due to irregular meal times. Heavy meals can induce drowsiness, so it’s best to avoid eating them on the road.
- Take brief naps when drowsy: If you feel fatigued, take a nap that is at least 10 minutes long but no more than 45 minutes long. Give yourself at least 15 minutes to become fully alert before getting behind the wheel.
- Avoid certain medications: Many medications may cause drivers to feel drowsy, including tranquilizers, narcotics, sleeping pills, allergy drugs, and cold relief drugs. Never drive until you know how a medication will affect you.
- Watch for symptoms of fatigue: Warning signs include repeated yawning, difficulty keeping your eyes open, and blurred vision.
- Avoid quick fixes for drowsiness: Quick fixes, such as downing coffee, soda, or stimulants, smoking, or cranking up the radio, do not work in the long term. The only solution to sleep deprivation is sleep.
If you were involved in a Las Vegas fatigued driver truck accident, it’s a good idea to contact a lawyer after the accident. Unlike a standard car accident, handling a commercial vehicle claim is inherently more complicated because both federal and Nevada laws come into play.
You should absolutely contact a truck accident lawyer if:
- You required costly medical attention to treat accident-related injuries.
- You were forced to miss time at work as a result of your injuries.
- You and your doctor believe your injuries will have long-term health effects.
- Someone was injured or killed.
- It’s not clear who was at fault for the wreck, or more than one party may be liable.
- The truck driver or trucking company tries to blame you for the crash.
- You’re unsure how much your claim is worth or how to handle the insurer.
- The insurance company attempts to minimize your claim or deny you coverage.
- You must take your truck accident claim to court to demand compensation.
Recognizing the Warning Signs of Truck Driver Fatigue
While it may be difficult for the general public to spot a fatigued truck driver, there are warning signs that the trucking company and existing drivers should be aware of. These include:
- Frequent yawning or eye rubbing
- Drifting out of the lane
- Missing exits or traffic signs
- Tailgating or driving aggressively as a compensatory behavior
Causes of Fatigued Driver Truck Accidents
There are many possible reasons for a fatigued driver truck accident, but the wider prevalence of drowsy driving truck accidents can be attributed to a handful of major factors:
- Truck driver shortage: The American Trucking Associations (ATA) has reported a shortage of truck drivers since 2005. This means there is more pressure on existing drivers to transport goods efficiently and that many new drivers lack the experience and training needed to recognize dangerous levels of fatigue.
- Negligent trucking companies: Some trucking companies encourage their drivers to operate for dangerously long hours or meet impossible delivery quotas. This can lead to truck drivers struggling through long shifts that exceed their HOS limits. Companies have even been known to offer monetary incentives for drivers who get to their destinations early.
- Sleep-related health conditions: Some truck drivers have conditions that affect their ability to sleep properly, and the law allows them to keep diagnosed conditions like sleep apnea private. However, one study by the transportation industry found that truck drivers with untreated sleep apnea were several times more likely to be involved in preventable accidents.
- Use or abuse of certain drugs: Drivers who use legal or illegal drugs that induce drowsiness are more likely to cause fatigued driving accidents. However, even stimulants that make users temporarily or artificially alert can be dangerous when they wear off.
Take Legal Action After a Fatigued Truck Driving Accident
The frequency of fatigued truck driving accidents in Las Vegas, Nevada, is a chilling reminder of the dangers that exist on our highways, especially when the crucial principle of road safety is ignored. When a truck accident caused by a sleep-deprived driver shatters your life, you need more than just sympathy; you need powerful, effective legal help.
At THE702FIRM Injury Attorneys, we are ready to put our knowledge and resources to work for you. We understand that your injuries represent lost time, physical pain, overwhelming medical expenses, and a future that looks uncertain. Our commitment is to manage the entire legal process so that you can focus entirely on your recovery. We are dedicated to ensuring that the responsible parties are held fully accountable for their negligence and that you receive the maximum compensation possible.
We believe that our clients’ experiences speak volumes about our dedication and effectiveness. We treat every client as a priority and fight tirelessly on their behalf. As Erin Connolly, one of our valued clients, shared:
Madlen was amazing! Treated me as a true friend and I got the money I deserved! I will definitely refer her to/and the 702 firm! Thank you so much! Erin Connolly
This kind of personalized, results-driven service is the standard at THE702FIRM Injury Attorneys. Don’t let a negligent, fatigued truck driver or their trucking company deny you the fair compensation you need. Contact us for a free case review.