Some truck accidents happen suddenly and without warning, leaving you with severe injuries that can drastically alter your life.

What caused it? Was the driver distracted or simply too tired to be behind the wheel? The truth is that tired truck drivers represent a major risk on the road, with terrible results. But what happens if the driver was exhausted, and the crash could have been avoided?

The dangers of fatigued truck drivers

Let’s face it: truck drivers have one of the most demanding jobs on the planet. Long hours, constant deadlines, and tight schedules are just part of the job. But what happens when fatigue sets in? According to the 2006 Large Truck Crash Causation Study, driver fatigue was a factor in 13% of serious truck crashes. That’s not a small number – 1 in every 8 truck accidents was linked to tired drivers.

The problem is that fatigue doesn’t just make people sleepy. It influences driving ability generally, response time, and decision-making. A moment of inattention or poor response can be disastrous when running a large truck weighing up to 80,000 pounds.

The legal ramifications of fatigued truck driving

If you’ve been in a crash involving a fatigued truck driver, there are legal implications you need to understand. In Tennessee, like in every other state, there are strict regulations on how long a truck driver can be on the road. These laws – called hours-of-service (HOS) regulations – are designed to prevent truckers from driving while too tired.

When truck drivers don’t follow these rules, or when trucking companies push drivers beyond legal limits, they can be held liable for accidents. This means that if the driver’s fatigue led to your accident, you may be able to hold both the driver and the trucking company accountable.

But proving fatigue can be tricky. The driver might deny being tired, or the company might argue that everything was within the rules. That’s why having solid evidence is crucial.

What to do after a crash with a fatigued truck driver

If you’ve been in an accident involving a fatigued truck driver, there are some important steps to take right away. The first instinct might be to just exchange information with the driver and leave, but that’s not enough. Here’s what you should do:

1. Get medical attention immediately

Even if you think you’re fine, don’t skip the doctor’s visit. Sometimes injuries from accidents don’t show up right away. Whiplash, concussions, and internal injuries can take hours or even days to show symptoms. A medical professional can document your injuries, which will be crucial for your claim later on.

2. Call the police

In Tennessee, the law requires that accidents involving injuries be reported to the police (TN Code § 55-10-101 (2024)). Not only is this the right thing to do, but the police report will help establish critical facts about the crash. They can take note of things like the truck’s condition, the driver’s state, and witness statements. Don’t try to handle everything on your own – let the police do their job.

3. Document everything

If you’re able, take photos of the scene. Get pictures of the damage to your vehicle, the truck, the road conditions, and any other details that could be important. It might seem like a small thing, but these photos can be incredibly helpful later. If you see any signs of fatigue, like the driver yawning and struggling to stay awake, try to note that too.

4. Don’t rush into a settlement

Insurance companies are notorious for offering quick settlements. It might seem tempting to just take the offer and move on, but don’t. If you accept a settlement too soon, you might not get enough compensation to cover your medical bills, lost wages, and long-term care. Always talk to a lawyer before agreeing to anything.

5. Work with a lawyer

This is the big one. You need someone who knows the ins and outs of truck accident claims, especially when fatigue is involved. A lawyer will help you gather evidence, deal with the insurance company, and make sure your rights are protected.

How to prove fatigue in your truck accident claim

So how do you prove the truck driver was fatigued? It’s not always as easy as it seems, but there are ways to gather evidence.

1. Check the driver’s logbook

Truck drivers are required to keep logbooks or use electronic logging devices (ELDs) to track their driving hours. These logs show how long the driver has been on the road and whether they’ve taken the required breaks. If the driver hasn’t been following the hours-of-service rules, that’s a red flag.

2. Look at the truck’s data

Modern trucks are equipped with onboard computers, commonly known as black boxes, that track the truck’s speed, braking patterns, and other data. This information can help show whether the driver was operating in a fatigued state. Did they miss required rest periods? Were they driving faster than they should have been? This data can be a game changer.

3. Gather witness testimonies

If anyone saw the driver acting tired or struggling to stay alert, that testimony could help support your claim. Sometimes, witnesses at the scene can offer key insights into the driver’s behavior that could prove they were too tired to drive safely.

4. Gather expert testimony

In some cases, you may need to bring in experts, like accident reconstruction specialists or sleep medicine doctors. They can testify about the effects of fatigue and how it likely impacted the driver’s ability to avoid the accident.

Don’t let fatigued drivers go unpunished

If you’ve been involved in a truck accident with a fatigued truck driver, you don’t have to go through this alone. By taking the right steps and gathering the right evidence, you can hold the responsible parties accountable. Tennessee law allows you to pursue compensation for your injuries, and a lawyer can guide you through the complicated process.

Remember, if you’re unsure where to start, an experienced attorney is your best ally. Don’t wait too long to contact Banks and Jones. The sooner you act, the stronger your case will be. If you’ve been hurt by a fatigued truck driver, reach out today for a free consultation. We’re here to help.