Live Oak, FL – Commercial driving is dangerous because drivers are on the road for much longer periods of time than most other people. The government has attempted to limit the driving hours of people operating commercial vehicles to reduce the possibility of accidents, although this is not a perfect solution and collisions still happen. Anyone who is injured at this time may argue that the fatigued trucker is responsible for their costs through a civil lawsuit. Some lawyers in Live Oak focus their practice on these kinds of motor vehicle accident cases, and they can provide advice about the process to bring a lawsuit.
What is fatigued driving?
Anytime a driver is tired and starts to lose focus on the road, this can be considered fatigued driving. The reactions and reflexes of a fatigued driver can become similar to those of an intoxicated driver. Truckers and other commercial drivers may spend ten hours a day or more behind the wheel of a large vehicle that is difficult to control. As time progresses, the driver may start to get tired and mistakes are more likely. There are regulations about break times and mandatory rest periods that are meant to assist at these times, however these regulations are not always followed and it can be difficult for law enforcement to know exactly how long a trucker has been driving for without stopping the vehicle and inspecting their logs.
The main way that any driver is forced to pay out compensation for causing an accident and other losses is through a negligence case. There is a specific legal definition of negligence, and the plaintiff needs to show that the defendant violated the applicable standard of care and caused injuries and losses. The four elements that are necessary for this process are a relevant duty of care, a breach of that duty, causation, and damages. All elements must be present, otherwise the plaintiff will not win the case. Things like fatigued driving by a trucker are often used as evidence that the relevant standard of care was breached.
Other consequences for the trucking company
Aside from facing lawsuits, trucking companies can face other consequences from a negligent truck driver. The vehicle may be taken out of service if law enforcement discovers that regulations related to driving hours or other aspects of trucking were violated.
Getting assistance after a collision
Koberlein Law Offices is a firm that focuses on truck accident cases in the Live Oak area and nearby parts of Florida. Anyone who needs assistance can meet with their injury attorneys to get additional information about lawsuits against negligent drivers.
Firm contact info:
118 Ohio Avenue N, Suite A, Live Oak, FL 32064
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