Truck Accident Lawyer Phoenix AZ
When a truck crash occurs, serious injuries may occur, a victim or family member is well advised to consult with a truck accident lawyer Phoenix, AZ trusts from the Law Office of Paul Englander, PLC.
Truck accidents and collisions resulting in serious injuries may be caused by:
- Driving fatigued, distracted driving, or driving while impaired.
- Failure to follow safety training
- Unsafe maneuvering
- Failure to maintain the vehicle, mechanical problems
- Improper loading, overloading.
As a result of the speed, size, and weight of trucks, catastrophic injuries may occur, sometimes fatalities. Truckers who are driving tractor trailers while fatigued can cause crashes resulting in serious injuries and fatalities. Drivers may be violating Federal Motor Carrier Safety Administration Regulations by exceeding the maximum number of driving hours rules. FMCSA has set forth hours of driving limits for drivers of commercial vehicles. The purpose is to prevent collisions caused by driver fatigue, because the number of hours driving strongly correlate to the number of fatigue related accidents.
The risks of fatigue are the greatest between midnight and six in the morning and they also increase with the length of the driver’s trip. The recent Tracy Morgan Walmart truck crash emphasizes the dangers of unsafe driving, unsafe driving practices, and violations of safety rules. The driver who caused the crash drove an 18 wheeler, and he had been on duty for about 13 and a half hours. He ignored work zone and speed warning signs.
Before his official work day, the Walmart driver spent 12 hours driving his own vehicle from Georgia to pick up his truck at a Walmart facility in Delaware, he had been awake for 28 consecutive hours at the time of the crash. Morgan was injured, along with eight others, Morgan’s friend was killed, a wrongful death case against Walmart was settled.
A truck accident lawyer in Phoenix, AZ can investigate the reasons for the crash and consider hiring trucking standard of care experts, or an accident reconstructionist. A case that I handled demonstrates the serious consequences of truck driver inattention, and likely fatigue.
A group of adults and children were traveling home to Phoenix in their van, eastbound on Interstate 10 near Tonopah. Their vehicle was stopped when it was hit from the read by a Freightliner tractor trailer, going sixty miles per hour. My clients’ van was crushed, it rolled, and crashed in the desert. Traumatic injuries were suffered. The driver was negligent, further, the hours he had driven, the time of the wreck, and irregularities in his logs suggested that he was a fatigued driver.
Following a lawsuit, the injured victims received fair settlements for their injuries, medical bills, and lost income. In the event of a fatality caused by a truck crash,a wrongful death claim may be brought by a surviving spouse, child or parent of the decedent.
The amount of damages that a surviving spouse, parent or child may recover will vary from case to case, damages that are considered may include the following:
- The loss of love, affection and companionship since the death of the decedent and in the future.
- Pain, grief, sorrow and mental suffering experienced since the death, and in the future.
- Lost income as a result of the death.
A Phoenix, Arizona truck accident lawyer strongly believes that it is the truck driver’s duty to be as safe as possible when traveling hundreds or thousands of miles to transport goods, materials, or other items. If they fail to operate their truck safely, then others on the road can get seriously hurt. Sadly, due to the pressure of the job many truckers may neglect their breaks and rest periods in order to get ahead of schedule, causing severe fatigue. Eyes drooping due to heaviness, frequent yawning, or actually falling asleep while driving can cause a devastating accident in which innocent people are injured.
Signs of Fatigue in Truck Drivers
If you are driving by a trucker that appears to be sleepy, we suggest calling the police right away and then getting as far away from them as possible. Unfortunately, truck drivers may not even notice they’ve gotten so sleepy, or do not care because they need to get to a destination on time. Common signs of truck driver fatigue include tired eyes, yawning repeatedly, slowly swerving into another lane, jerky driving movements (as if the driver suddenly woke up), and delayed response to traffic signals.
Other reasons that truckers may become fatigued aside from not getting enough sleep include:
- A truck driver who is antsy to get home to loved ones;
- A truck driver who wants to push through a few more hours to avoid upcoming rush-hour traffic;
- A truck driver who receives bonuses or more money for less stops; and
- A trucker skipping a break to make up for lost time due to inclement weather.
How Tired Truckers Cause Accidents
When it comes to truck driver fatigue, it isn’t singularly caused due to long hours behind the wheel or not enough sleep. When sleep is interrupted and the quality of sleep is poor because of the driving schedule, this can largely contribute to fatigue behind the wheel. As a truck accident lawyer Phoenix drivers rely on is fully aware, sometimes truckers violate their federally-mandated breaks in favor of getting the job done sooner. A driver that hasn’t gotten proper rest is increasingly prone to:
- Aggressive driving
- Slowed reaction times
- Poor judgement
- Weak coordination
- Bad decision making
- Decreased ability to process information
- Over using stimulants to stay awake
To take this point further, research has shown that there are major impacts to a truck driver’s performance when deprived of sleep. In fact, the capacity of those who are awake for 24 hours straight is equivalent to someone who has a BAC of .10 percent. Victims who were harmed due to a drowsy truck driver must take the situation seriously.
Don’t wait to take action if you were harmed by a fatigued truck driver. Now is the time to talk with a reputable attorney who is dedicated to fighting for innocent victims in terrible accidents.
An experienced truck accident lawyer Phoenix, AZ knows from the Law Office of Paul Englander, PLC should be consulted as soon as possible so that an injury claim may be considered.
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