Fatigued Truck Drivers in Rancho Mirage Accidents
Truck driver fatigue is a serious problem for drivers because of the potential for an accident. Tired truck drivers and their employers could have liability for injuries resulting from related accidents. State negligence laws apply in these cases to protect injured persons by creating opportunities for compensation from liable parties. Reach out to our firm to learn more about holding fatigued truck drivers in Rancho Mirage accidents liable and how an experienced semi crash attorney could help.
The Potential Causes of Truck Driver Fatigue
The onset of truck driver fatigue can happen for several reasons. Multiple factors increase the likelihood of tiredness. The following issues could lead to driver fatigue and create a heightened risk of a truck accident in Rancho Mirage:
- Long periods of driving without rest
- Medical conditions (e.g., narcolepsy)
- Use of alcohol or another substance
- Driving late at night or early in the morning
Pulling over to rest is an important preventative measure for avoiding truck driver fatigue and limiting the potential for an accident.
How Fatigued Truck Drivers Could Cause a Collision
Fatigue can place a truck driver at an increased risk of making a mistake or falling asleep while on the road. Potential mistakes may include disregarding traffic signs, speeding, swerving into other lanes, failing to check blind spots, and other simple errors that could cause an accident. Additionally, a tired driver may have a reduced ability to react to other road conditions or drivers, which can contribute to the cause of a crash. For example, they may not recognize subtle changes in traffic flow and fail to react to a vehicle braking ahead of them.
These types of truck accidents can be especially dangerous because of the truck’s size and its potential for carrying hazardous cargo. A person’s injuries from fatigued truck driver accidents in Rancho Mirage could allow for legal action to recover compensation for damages against the trucker and other parties.
How to Seek Compensation for Injuries from a Truck Crash
Pursuing a claim for compensation could involve filing with available insurance policies in addition to the filing of an injury lawsuit. A person must file an injury lawsuit related to truck accidents within two years of the date of the accident, according to California Code of Civil Procedure § 335.1. An injured person must file their claim within this deadline to avoid a dismissal of their claim, which could prevent them from exercising their right to compensation.
The amount of compensation available after a drowsy truck driver collision in Rancho Mirage will depend on the nature of the person’s injuries and their incurred damages. Generally, a person can receive compensation for medical costs, lost earnings from missed work, and other relief for their pain and suffering from the accident. Another factor that can influence available compensation is whether the injured plaintiff has any percentage of fault for the accident causing their injury. The comparative fault rule limits a person’s compensation by their amount of fault. For example, a person with a claim for $100,000 in damages could only recover $70,000 if they were 30 percent responsible for the accident.
Who Could Be Liable for Injuries from a Fatigued Truck Driver Accident?
Liability for your injuries after a truck wreck in Rancho Mirage could belong to the fatigued truck driver along with their employer. The state recognizes two legal theories that could entitle you to compensation from a commercial truck driver.
The first is vicarious responsibility, which CACI No. 3700 explains as employer liability when their employee or agent causes harm to another through their wrongful conduct while acting within the scope of employment. An employer could also have liability in its negligent hiring of a truck driver. This liability can apply under CACI No. 426 when an employer knew or should have known about its employee’s inability to perform the work, and its negligent hiring was a substantial factor in causing harm. For example, an employer that fails to inquire about a truck driver’s medical history that would have revealed conditions that made them susceptible to fatigue.
Contact an Attorney to Discuss Liability for Fatigued Truck Drivers in Rancho Mirage Accidents
If you were recently injured in a truck accident, meeting with our attorneys could be a beneficial first step in exploring your legal rights. Fatigued truck drivers in Rancho Mirage accidents could be responsible for providing compensation. Contact us to learn more about your legal options.
