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How fatigue can be proven in truck accident cases

It’s no secret that driver fatigue is one of the top reasons behind truck accidents. Given the hours regulations that commercial drivers are subject to and how many hours drivers are actually on the road, it is not surprising that falling asleep at the wheel, or the lack of reaction time that comes with fatigue leads to accidents.

Indeed, these theories make sense when attempting to assess blame for an accident, but actually proving that fatigue was the proximate cause of an accident is not easy. This post will highlight the clues that attorneys look to in proving fatigue cases. 

How obvious is the fatigue – Indeed, people exhibit fatigue differently. Some people have red, hazy eyes, others become irritable and short-tempered. Since the regulations on interpreting fatigue have changed because of how subjective some past questions were, it is better to rely on very obvious, objective manifestations of fatigue.

Comparing driver logs – Experienced trucking accident attorneys have in-depth knowledge of how long certain trips take. By reviewing driver logs to determine abnormalities, a skilled lawyer can ascertain whether a driver has been keeping accurate records of their travels.

Review of driver behavior before an accident – Observations from other drivers that a trucker was weaving, may have missed a turn or stop sign or braking unnecessarily are all tell-tale signs that a trucker is fatigued.

The condition of the cab – Truck drivers are not expected to be neat freaks, but when there are signs that a driver recently woke up or did not have time to tidy up before getting back on the road, this could suggest that the driver was too tired to be on the road. 

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