Wisconsin Truck Accident Fatigue

Truck Driver Fatigue

Fatigue plays a major role in causing and contributing to many semi-truck accidents, bus accidents and commercial motor carrier accidents throughout Wisconsin and the United States. Fatigued truckers are tired, sleep deprived and unable to focus and concentrate as well as regular drivers. Fatigue also greatly reduces reaction time.

Research has suggested that truck driver fatigue may be a factor is 30-40 percent of semi-truck accidents, making it the leading cause of truck accidents. Many feel the 30-40% estimate is quite low because it is based upon driver's self-reporting fatigue. According to the Federal Motor Carriers Safety Administration (FMCSA), more than 750 deaths each year are due to fatigued truck drivers. Another 20,000 people each year are injured due to truck drivers operating while fatigued.

Studies have also shown that the risk of fatigue causing truck accidents is directly proportional to the number of hours a truck driver is on the road.

The FMCSA attempts to prevent truck driver fatigue by implementing hours of service limitations. Unfortunately, many companies are not aggressive enough in forcing strict compliance with these hours of service limits.

In light of fatigue playing a role in the tragic 2005 collision in northern Wisconsin involving a semi-tractor and bus carrying members of the Chippewa Falls High School Band, the National Transportation Safety Board (NTSB) has recommended that trucking companies work much harder to enforce adequate rest for their drivers. The NTSB also recommended that the government require the use of "fatigue alarm systems," that sound an alert when a truck driver is falling asleep. The collision involved the bus slamming into an overturned semi-truck. The NTSB investigation exonerated the bus driver and concluded the semi-truck driver was suffering from fatigue and likely fell asleep. The NTSB also faulted Whole Foods for not implementing and enforcing a strict hours of service policy. The crash killed 5 people and injured 35.

Read the full NTSB Wisconsin Truck Accident Fatigue Recommendations.

Wisconsin Truck Accident Documentation

Despite these rules, the roadways are not necessarily more safe. Truckers and trucking companies still have accidents. It is important, however, to keep in mind that these are not truly "accidents." Whenever a semi-truck causes a crash there is a reason. It is not accidental. Oftentimes, the truck will try to portray it as an accident, but usually a thorough investigation will lead to the crash being due to a variety of actual reasons, for example violating the rules of the road, fatigue, driving too many hours, cell phone use, the use of drugs and alcohol, inattentive driving, inadequate training, improper inspection of the tractor-trailer, inadequately securing the load, unsafe equipment, or tire tread separation. A detailed investigation by an experienced investigator and trucking lawyer will reveal the truth.

One of the most important requirements for truckers is the duty to accurately document all aspects of their trips. One of the main purposes of this documentation requirement is to ensure compliance with the "hours of service" rules. Unfortunately, the typical trucker's log books are usually not entirely accurate. For example, the logs may show the driver getting from point A to point B in a certain amount of time, however, when one looks closer at the number of miles driven, it is apparent that the truck could not have traveled the documented distance in the amount of time listed in the log books. Therefore, in this example, there are three possible explanations: one, the trucker was speeding; two, the trucker was driving too many hours and intentionally falsified his or her log books; or three, the trucker kept inaccurate log books. In any event, the trucker, the trucking company, and their insurance company would likely be held negligent as a matter of law for this conduct.

An experienced Wisconsin Trucking Attorney can review log books, toll receipts, bills of lading, and credit card trip receipts and essentially recreate the trip of the negligent driver. This documentation is critical evidence in Trucking Accident cases. There are specific rules requiring trucking companies to keep this documentation for a limited period of time. It is essential in Wisconsin Trucking Accident cases for the victim or their attorney to immediately notify the trucking company that they must not destroy this documentation. If the trucking company is properly notified and they do destroy the evidence, then the company can face severe sanctions. An example of a Wisconsin Truck Accident Preservation Letter is provided.

If you or a family member have been injured as a result of a Wisconsin Truck Accident, be sure to Contact an Experienced Wisconsin Truck Accident Lawyer for you or your family member's case.

When discussing your case with potential lawyers, be sure to confirm that they are aware of this evidence preservation requirement. Oftentimes, our office is contacted by potential clients or other lawyers involving trucking accidents that have occurred a year or more earlier. It is common in these types of cases to find that a proper investigation was never done. Furthermore, it is common that the referring attorney failed to send out a Preservation Letter, notifying the at-fault trucking company that they must preserve the important evidence. Unfortunately, in these cases it may be too late for an experienced trucking attorney to be of much assistance. Your initial decision to hire an attorney must be carefully thought out, because the most accurate evidence regarding the collision must be obtained, or at least preserved, immediately following the crash.

Technology has greatly advanced the ability of an experienced personal injury lawyer to prove the truck driver and trucking company were negligent. Semi-trucks today utilize a variety of tracking methods. Most trucks have black box recorders similar to those in airplanes. Many trucking companies use on board computerized tracking methods utilizing GPS. Fortunately, for truck accident victims, these on-board recording devices will reveal an abundance of useful information to the injury victims lawyer. Note: Many trucking companies have an internal policy of completely erasing this information every few weeks, however, there may still be ways to recover some of this information if you Contact an Experienced Wisconsin Truck Accident Lawyer for you or your family member's case.

Experienced Wisconsin Truck Accident Attorney

When choosing a lawyer, it is critical that you hire an experienced Wisconsin Truck Accident Lawyer. You should be comfortable with your lawyer's experience handling Wisconsin Truck Accident Personal Injury Cases. in which you have been involved. Contact an Experienced Wisconsin Truck Accident Lawyer.

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