Can a Truck Driver Still Be Fatigued with Normal Driving Hours?

Florida truck drivers must abide by federal hours of service (HOS) regulations for time spent on the road. Just to name a couple of rules, they cannot drive more than 11 hours after 10 consecutive hours off duty, and they cannot drive after 60 hours on duty in seven days or 70 hours in eight days. These limits are designed to reduce fatigued driving. But even so, there is still a probability that this will occur. And you have been made the victim of such an accident, please read on to discover how to prove a truck driver’s fatigue with the help of a seasoned Miami truck accident lawyer at the Law Offices of Gonzalo Funes, PA. 

Can a truck driver be fatigued even when complying with HOS rules?

Even though a truck driver may fall in line with federal HOS rules, they may still feel extremely fatigued while behind the wheel. For example, one direction is that they must log 10 consecutive hours off duty after a 14-hour shift. However, they may have spent most of these 10 hours awake or otherwise had disrupted sleep due to being in a noisy, bright, or uncomfortable environment, having a sleeping disorder or other underlying health issues, etc.

Secondly, a Driver may have taken their mandatory 30-minute driving break after eight cumulative hours of driving. But this may not be nearly enough time to reverse the accumulated fatigue of driving 11 hours daily for consecutive days. After all, driving is mentally draining due to its monotony. But also, a truck driver may be physically tired from all the other tasks they must perform while on shift, such as loading and unloading the truck. 

How can an accident reconstruction expert help prove a truck driver’s fatigue?

In their defense to your personal injury claim, a truck driver and trucking company may easily hide behind the fact that they complied with federal HOS rules at the time of your accident event. If they do so, you must pull out all the stops to prove that the truck driver’s fatigue was the catalyst for your collision. This may require you to hire expert witnesses to join your team, including an accident reconstruction expert. 

Notably, this expert may analyze factors such as the involved vehicles’ speeds, braking patterns, steering inputs, and points of impact. Some of this information may indicate that someone was sleepy or otherwise inattentive in the moments leading up to the crash. For instance, if a truck driver did not touch their brakes at all before the collision, it is rather likely because they had fallen asleep.

If you want to ensure you have a strong legal strategy with a reliable team in your corner, please look no further than the Law Offices of Gonzalo Funes, PA. A competent Miami auto accident lawyer from our law firm is ready to be of any service to you.