What Are Your Legal Options After an 18-Wheeler Accident Caused by Driver Fatigue?

How to Get the Compensation You Deserve After a Truck Accident

The proximity to Interstates 55 and 20 makes it convenient for Clinton residents to commute to and from work, spend a day in a new city, or relax for the weekend at the Gulf. However, the presence of these roads and several state highways in the surrounding area also means that drivers have to contend with a large number of 18-wheelers on the road. Truck accidents can be especially dangerous and often cause serious injury or even death. If you’ve been the victim of one of these accidents, talk to the personal injury attorneys at Rundlett Law Firm PLLC as soon as possible to determine your options.

The Role Driver Fatigue Plays in Truck Accidents

Tractor-trailers can carry heavy loads and potentially toxic or flammable chemicals, so truck drivers must be alert and pay close attention at all times. Unfortunately, that doesn’t always happen. Truck drivers work long hours, and if they get fatigued, they can lose concentration and cause an accident. The National Transportation Safety Board estimates that driver fatigue may be a factor in around 30-40 percent of truck accidents.

To combat this, the Federal Motor Carrier Safety Administration (FMCSA) has specific rules for how long and how often drivers can operate commercial vehicles. For example, the maximum amount of hours a driver can operate a truck is 11 hours, and they must have had at least 10 consecutive off-duty hours before doing so. There are also rules for how often they must take a break: 30 minutes after 8 cumulative hours.

Truck Accident Claims and Mississippi’s Pure Comparative Negligence Rule

While the rules above can help reduce driver fatigue, drivers don’t always follow them. Even if they do, fatigue can still occur before the prescribed break. If the driver makes a mistake while tired and causes an accident, the victims can file a personal injury lawsuit to recover compensation for damages. 

One important thing to know about Mississippi’s laws is that the state follows a pure comparative negligence rule. This means that victims can still file a claim for damages even if they contributed to the accident. For example, if a tired truck driver veered into your lane but you were going too fast to be able to avoid the crash, you could both be considered at fault. However, as long as the truck driver is determined to be at least 1 percent at fault, you can still recover compensation. 

Steps to Take After a Truck Accident

The most important things to do after an accident are to seek medical treatment for your injuries and ensure the accident is reported to your insurance company and the authorities. However, once those aspects are handled, what you do in the immediate aftermath of a truck accident can have an effect on any claim you file later — for better or worse. Protect your case by taking the following steps.

Preserve as Much Evidence as Possible

Emotions and adrenaline run high after an accident occurs, but it can be a tremendous help to your case later on if you take note of anything that could be used as evidence. If any other vehicles stopped to help, check to see if those drivers had dashcams that may show what happened before the accident. It can also help you write down everything you can remember as soon as you are physically able. Your memory of the accident may get fuzzier as time passes, and sometimes, even the most minor details end up being critical. 

Your attorney will also get a copy of the police report for the accident and may request other evidence, such as the driver’s hours of service log. This can help show if they were following the FMCSA rules or if they had been driving longer than allowed, which can increase fatigue and poor decision-making.

Do Not Admit Fault or Talk About the Accident

Being involved in a truck accident is a traumatic experience. It’s normal to want to talk about what you’ve been through, but doing so could actually harm your case. Insurance companies and the lawyers who work for them will look for anything that could undermine your case or be construed as an admission of fault. They will look through your social media to see if you’ve posted anything about the accident that they can use, and it’s even possible for your friends and family members to be called on to testify about what you said about the crash. 

The only time you should discuss the crash until your case is settled is when you’re talking with your attorney or going through a formal interview process, such as a deposition. In the latter case, your attorney will be there with you and provide counsel about how to answer the questions.

Talk to an Experienced Personal Injury Attorney

When you’ve been injured in a truck accident due to driver fatigue, your first call should be to an attorney once your injuries have been treated and your condition is stable. While the statute of limitations for personal injury claims in Mississippi is three years, the sooner an attorney gets started on your case, the sooner they can gather and preserve evidence and provide counsel on how to handle the other side’s insurance companies and attorneys. A lawyer can also help you understand whether you are better served by attempting to settle out of court or going through to trial. 

Call the Rundlett Law Firm PLLC at 601-282-8426 to schedule a free consultation today.