Attorneys for Victims of Fatigued Truck Drivers in Little Rock
Little Rock lawyers fighting for victims of fatigued truck driver accidents
Ideally, a truck driver is well-rested when they get behind the wheel. Unfortunately, fatigued truck drivers put motorists and pedestrians at risk. If you are involved in a truck crash and find out that the operator of the other vehicle was driving while fatigued, you may be able to hold them accountable. By working with a Little Rock truck accident attorney, you can pursue compensation from the trucker or their employer.
Partnering with Little Rock truck accident lawyers within days of your trucking collision can help you retrieve evidence to help you prove that a trucker was fatigued and use this information to seek compensation for your injuries.
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How can we help?
- Why choose Bailey & Greer, PLLC for your fatigued truck driver claim
- What is fatigued driving?
- Is fatigued driving common?
- What should you do if a fatigued truck driver crashes their vehicle into yours?
- What evidence can you use in your case against a fatigued truck driver?
- Do you have a Little Rock attorney near me who can handle my fatigued truck driver case?
Why choose Bailey & Greer, PLLC for your fatigued truck driver claim
Any crash involving a large truck can lead to catastrophic injuries. In a case that involves severe, life-altering injuries, it’s important to fight for the maximum compensation possible. Bailey & Greer, PLLC’s track record speaks for itself – some of our case resolutions include:
- A $5 million settlement in a traumatic brain injury case involving a truck
- A $4.1 million settlement for a client paralyzed in a crash with a truck
- A $3.7 million jury verdict for a client with permanent spine and back injuries from a crash with an 18-wheeler
If you have more questions about how we fight for our clients, reach out to speak to one of our dedicated personal injury attorneys.
What is fatigued driving?
Fatigued driving involves operating a motor vehicle while feeling mentally exhausted or sleep-deprived. The Federal Motor Carrier Safety Administration (FMCSA) has hours of service (HOS) rules for truckers that limit the amount of time they can spend driving a vehicle. By doing so, they minimize the risk of fatigued driving accidents.
Regardless of HOS rules, a trucker may choose to drive beyond the window in which they are legally allowed to operate their vehicle. If the truck driver’s reaction time is compromised because of the fatigue, they can cause an accident and be held responsible for it. On top of that, this driver and their employer could be subject to fines and other FMCSA violations.
Is fatigued driving common?
The National Safety Council (NSC) points out that many drivers fall asleep behind the wheel. It also notes that thousands of people die annually in crashes linked to drowsy driving.
Truck drivers and their employers are responsible for complying with FMCSA's HOS rules. If either party chooses not to follow these rules, they can be held liable. Along with this, if fatigued truckers cause accidents, these drivers and their employers can face serious legal repercussions.
What should you do if a fatigued truck driver crashes their vehicle into yours?
It is important to remember that what you do in the moments after your truck crash can impact your ability to get compensation from the at-fault truck driver or any other liable parties.
Ultimately, it is best to try to stay calm and use these tips to respond to the accident without putting yourself in further danger.
Call for help
Dial 911 to get medical professionals and police officers to the scene to assist you and others. Truck crashes are often severe, so the likelihood that someone will need emergency medical care is high.
Get the truck driver's information
If you are able to, get the truck driver’s contact, employer, and insurance information. Police officers who respond to the scene should also be working to get this information.
Contact your insurance carrier
Inform your auto insurance company about your truck accident as soon as possible. However, when you tell your insurer about your crash, do not take the blame for it. Doing so can hurt your chances of getting compensation for your accident-related losses.
In addition, be careful if a liable party or their insurance company reaches out to you after your accident. Either party could attempt to get you to admit you are at fault for your truck accident. If you do, you could be held responsible for your medical bills, auto repair or replacement costs, and other crash-related expenses.
Let a truck accident lawyer in Little Rock assist you with an insurance claim or personal injury lawsuit
Your lawyer can evaluate your case, calculate your losses, and submit your compensation request. They can represent you in communications with an at-fault party or their insurer, advocate for you, and put you in a position to secure a fair settlement.
You have a limited amount of time to take legal action against a fatigued truck driver or anyone else liable for your truck accident. Per Arkansas Code § 16-56-105, the statute of limitations for filing a claim is three years. Your lawyer can file your claim and gather a wealth of evidence to help you prove negligence.
What evidence can you use in your case against a fatigued truck driver?
Saying a truck driver was operating their vehicle while fatigued is insufficient in your personal injury case. To show that this driver was negligent, you must present evidence to support your argument. Evidence that can help you validate your claim that a trucker was negligent includes:
Truck black box data
A truck's black box records a vehicle's speed, when the driver steps on the brakes, and other driving behaviors. With black box data, you could highlight that a trucker was driving their vehicle erratically at the time of your accident and that these behaviors may be related to fatigue.
Truck driver logbook
This includes a log of the hours a trucker works. As such, a truck driver logbook can provide insights into whether a trucker was violating HOS regulations.
Witness statements
Anyone who saw your accident could attest to a trucker looking exhausted. On top of that, they can describe seeing the truck driver drift in and out of lanes or engage in other erratic driving behaviors.
Medical records
A truck driver may be dealing with a sleep disorder or other health issues that could contribute to them feeling drowsy while driving. Therefore, it may be beneficial to request medical records from the trucker's employer, as a medical condition may have contributed to a truck driver becoming fatigued and causing your accident.
Your lawyer’s goal is to achieve your desired case results. This means having enough evidence to back up your claim. The more evidence you have, the more likely it is that you will be able to reach a favorable settlement or verdict.
$1.7 Million Settlement in a Truck Accident Case
Our client was operating an 18-wheeler and was stopped in a construction zone on a rural, two-lane highway. Another 18-wheeler behind our client failed to slow down in the construction zone and slammed into the back of our client at over 50 miles per hour. The at-fault driver died in the crash. The defendant trucking company who employed the at-fault driver defended the case by saying it simply did not know how the crash occurred. Furthermore, the defendant trucking company said the crash was so bad that any technology, like the truck’s on-board camera, was completely destroyed in the crash. After conducting extensive discovery, we were able to determine that the defendant trucking company actually destroyed the on-board camera and destroyed the digital file that contained the video footage of the wreck. Soon after we made this discovery, the defendant trucking company settled for their insurance limits.
Do you have an attorney near me who can handle my fatigued truck driver case?
Bailey & Greer, PLLC meets with clients at our Little Rock office, located at 415 N McKinley Suite #250-J, just a five-minute walk from Little Rock Zoo. We’re proud to represent truck accident victims and families throughout Arkansas. If you are too injured to make it to our office, contact us for alternative meeting arrangements. We can visit the hospital or a rehabilitation center or schedule a virtual conference or telephone consultation.
Hold fatigued truck drivers liable for their negligence
At Bailey & Greer, PLLC, we put our clients first. We can assess your truck accident case and help you pursue compensation for your medical bills, pain and suffering, and other losses from a fatigued truck driver or any other negligent parties. To request a free case consultation, contact us today.
