Driving while fatigued or drowsy is dangerous for any driver. Similar to drinking while driving, operating a vehicle without proper rest can lead to decreased reaction times, bad judgment, and impaired mental faculties.
This behavior is magnified when the driver is operating a tractor-trailer or other commercial truck. The increased size and weight of these vehicles relative to other passenger cars on the road means that any wreck a truck is involved in has a greater chance of inflicting serious injuries. Unfortunately, the chances of truck drivers operating their rigs while fatigued are also higher due to the long hours they spend on the road and the high pressure they are under to complete their routes quickly.
When you are injured by a fatigued truck driver in an Olive Branch accident, the Law Office of David E. Gordon can help by managing your case, protecting your rights, and seeking to hold the trucking company responsible for your injuries.
Maximum Time on the Road for Truck Drivers
Because of the danger that fatigued truck drivers pose on roads across the country, including Olive Branch, the Federal Motor Carrier Safety Administration (FMCSA) has enacted several regulations limiting the amount of time truck drivers can spend on the road without rest. These regulations, listed in 49 CFR §395.3, state that:
- Commercial drivers must have at least 10 consecutive hours spent off duty before they are allowed to begin a driving shift
- Once a shift begins after a 10 hour break, the shift may not exceed 14 consecutive hours
- During any shift, the amount of time the operator spends driving the vehicle may not exceed a total of 11 hours
- During any shift, the driver cannot operate the vehicle for more than eight hours without taking a break of at least 30 minutes
Additionally, a driver cannot drive more than 60 total hours over any seven consecutive days or more than 70 total hours over eight consecutive days. The operator must be off duty for at least 34 consecutive hours before the clock of either seven or eight days begins again.
Although breaking these rules may result in penalties for the driver or their employer, they do not directly benefit the person the truck driver injures in a crash. An experienced tractor-trailer collision attorney like David E. Gordon can use the driver’s violations of these policies as evidence of their negligence in a personal injury case.
Deadline to File a Legal Claim
Unfortunately, even if an injured person is able to prove that a fatigued trucker driving through Olive Branch caused the accident that led to their injuries, they do not have an unlimited amount of time to seek compensation. Mississippi Code § 15-1-49 says that lawsuits over a personal injury must be filed within three years of the accident.
If the injured person tries to file their lawsuit after the three-year time period, the claim will be dismissed, and their avenues to recover compensation will be severely limited.
Even though three years may seem like a long time, the best thing an injured person can do is consult a well-practiced lawyer like David E. Gordon right away. A comprehensive lawsuit can take a long time to prepare, and the sooner an investigation into a wreck can begin, the more likely an attorney will be able to find important information before it is lost or fades from the memory of eyewitnesses.
After a Wreck in Olive Branch Caused by a Fatigued Truck Driver, Call Us Immediately
Accidents with commercial trucks can lead to serious injuries. But if the truck driver or the trucking company’s negligent actions caused the collision, you deserve compensation for your losses. The Law Office of David E. Gordon & Elissa M. Coombs can help you hold them legally and financially responsible for your injuries by investigating the crash, advising you of your rights, and representing you in court.
Schedule a free consultation with a lawyer experienced in handling cases that result from fatigued truck drivers in Olive Branch accidents.
