Driving While Drowsy or Fatigued

Driving While Drowsy or Fatigued

Some drivers plow the streets even when they are drowsy or fatigued. They do this because they have no choice but to drive, nobody else is available to drive for them, or they have a quota or deadline to meet. Whatever the reason may be, driving while drowsy or fatigued is unacceptable, especially because it poses a danger not just to the driver, but also to his or her passengers and the other motorists around them.

According to the website www.ameriolaw.com, this kind of driving can be considered as negligence, and negligence is enough reason to file a personal injury case against someone. This is understandable, because drowsy and fatigued drivers are likely to be involved in accidents and injuries.

Physical limitations

These drivers are physically and mentally limited, compromising their ability to drive. When drivers are drowsy or fatigued, they may have a tendency to nod their heads and close their eyes from time to time, which are dangerous behaviors on the road. They may not see changing traffic lights, warning signs, turns, and passing vehicles and pedestrians.

They may also have weak grips onto the steering wheels and gear shifts, and fail to properly step on the gas, brakes, and clutches. Having the limited capability of braking is obviously a risk.

Mental limitations

Those who are drowsy or fatigued are prone to mental lapses. They may fail to understand what is happening on the road, and they may therefore fail to react properly to stimulus. This is because of their lack of focus. When they are not focused, they may also suffer from poor reaction time, and we all know that drivers are just one second away from accidents.

Injuries and lawsuits

Accidents from drowsy or fatigued drivers may result into traumatic injuries. These can be particularly dangerous on the brain, neck, chest, and spinal cord. What makes these more tragic is that even the innocent motorists around these negligent drivers are at risk of injuries. According to the website of the Houston personal injury lawyers of Williams Kherkher, victims of these accidents may have legal actions they can pursue, such as getting financial assistance from their insurance and getting compensation from the negligent parties.

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Employer Negligence In Truck Accidents

When it comes to truck accidents, there will always be a question of fault. Most of the time, the blame always falls on the driver for not knowing their blind spots which is not always the case. According to the website of Karlin, Fleisher & Falkenberg, when the employer does not follow state and federal laws, they can be held liable for any accidents that will be caused by the vehicle.

Fatigue has often been one of the reasons being mentioned for truck accidents. The employer has a partial liability for accidents blamed on trucker fatigue. Trucking companies usually pressure their drivers to stay on the road long enough in order to meet stiff delivery deadlines. As the employer, it is their responsibility to ensure that the drivers they are hiring are physically fit to handle the rigors of driving long hours.

It is not only during truck accidents that employer negligence should be scrutinized. During the post-accident investigation, the employer may be questioned about the review of their driver’s record. State and Federal regulations require trucking companies to conduct an annual review of their driver’s record. Again, the employer can be held liable here if they failed to do a review of their driver’s record.

Employers are also required by state and Federal regulations to ensure the fitness of their drivers. They should ensure that the trucker possesses a commercial motor vehicle driver’s license. The driver should also demonstrate their ability to safely operate a vehicle by passing a road test focusing on safe driving techniques. If the driver fails on this aspect and an accident happens, the employer could be partially liable aside from the driver.

Truck accidents are not solely the liability of the driver. There were instances when, upon thorough investigation, the accident was found to be due to the negligence of the employer.

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