Truck driver fatigue is a common factor in commercial truck accidents. Truck drivers often spend long hours behind the wheel—and, despite federal restrictions on truck drivers’ hours, many drivers spend even more time behind the wheel than they should.
If you or a loved one was involved in a truck accident caused by truck driver fatigue, how can you prove it?
While every case is different, there are several potential ways to prove that a truck driver was fatigued at the time of a crash. When we investigate truck accident cases in which fatigue is a suspected factor, we look for numerous forms of evidence that we may be able to use to prove our clients’ legal rights.
5 Types of Evidence Used to Prove Truck Driver Fatigue
Some examples of the types of evidence that we can often use to prove truck driver fatigue in cases involving 18-wheelers and other large commercial trucks include:
1. The Truck Driver’s Statements (At the Accident Scene, in Texts, or Under Oath)
If the truck driver admitted to being fatigued at the accident scene, the driver’s statements could be strong evidence of liability. Likewise, if the truck driver texted someone that he or she was feeling tired before the accident, his or her text messages could serve as key evidence as well. We can also seek to obtain a truck driver’s sworn statements under oath once we file a lawsuit on a victim’s or family’s behalf.
2. The Driver Driver’s Hour Log
Federal trucking regulations require that truck drivers maintain a log of all hours they clock behind the wheel. If a truck driver’s hour log shows that he or she was behind the wheel for an extensive amount of time prior to the crash, this could help with proving that the truck driver was fatigued. While exceeding the federal hour restrictions can serve as clear evidence of negligence, proof of a violation is not required to file a claim if the driver was fatigued.
3. GPS and Telematics Data from the Truck’s Black Box
GPS and telematics data from the truck’s black box can help with proving truck driver fatigue as well. For example, the truck’s GPS data could be useful for confirming how long the truck driver had been driving prior to the crash, while the truck’s telematics data could be helpful for proving delayed braking, failure to maintain a consistent speed, and other telltale signs of driver fatigue.
4. Bills of Lading and Other Relevant Documents
A bill of lading is a document that states when a truck was loaded with its cargo. Along with the truck’s GPS and telematics data, the truck’s bill of lading could also be useful for proving how much time the truck driver spent behind the wheel prior to the crash.
5. Traffic, Surveillance, and Dash Camera Footage
When a truck accident is captured on video, the footage of the accident can be among the strongest forms of evidence available. Traffic camera, surveillance camera, and dash camera footage can all serve as evidence of liability in commercial truck accident cases.
Recovering the Evidence Needed to Prove Truck Driver Fatigue Requires a Prompt and Thorough Investigation
As you can see from this list, proving that a truck driver was fatigued at the time of a serious or fatal accident may involve collecting evidence from a variety of different sources. These sources could include the trucking company and the truck driver’s cell phone company, among many others.
This means that recovering the evidence needed to prove truck driver fatigue requires a prompt and thorough investigation. As a result, if you need to file a claim for a serious or fatal truck accident, you should contact an attorney as soon as possible. An experienced Arkansas truck accident attorney will be able to work quickly to gather the available evidence from all potential sources—and then your attorney will be able to use this evidence to fight for the financial compensation you and your family deserve.
Talk to an Arkansas Truck Accident Attorney at Oliver Law Firm About Your Case Today
At Oliver Law Firm, we are committed to fighting for truck accident victims and their families. If you need to file a claim related to a serious or fatal truck accident in Arkansas, we encourage you to contact us promptly so we can help. Our experienced truck accident attorneys are committed to helping accident victims recover the maximum compensation to which they are entitled under Arkansas law.
To get started with a FREE case evaluation as soon as possible, please contact Oliver Law Firm online or at (479) 202-5200 today. Our Arkansas truck accident lawyers serve clients across Arkansas and throughout the United States from our office in Rogers, AR.
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