Each year, drowsy and fatigued truck drivers in Ohio and around the country are responsible for causing dangerous accidents which lead to severe injuries and road fatalities. Trucking and transportation companies in Ohio have a duty to ensure the drivers operating semis, tractor trailers, and other large commercial vehicles are sufficiently rested behind the wheel, or they may be held liable for truck accidents and the injuries that result.
Truck Accidents are reportedly on the rise in Ohio and the rest of the United States. A national road safety study conducted recently found that heavy trucks and buses are responsible for almost 4,000 road deaths each year. The annual societal cost of driver fatigue and drowsy driving is around $109 billion, not including property damage.
Sleep deprivation and driver fatigue is so serious because lapses of attention behind the wheel are more likely to occur, and lead to crashes. Recent studies sum it up: the less people sleep, the greater the risk of road accidents.
Large commercial trucks—delivery tractor trailers, tow trucks, busses, big-rigs and semi-trucks—can weigh up to 80,000 pounds. They are difficult vehicles to control, and a slight amount of inattention or fatigue can cause fatal accidents. Trucking companies and drivers may be negligent in their duties, and can be sued for endangering motorists and passengers on the road.
Joe Lyon is a highly-rated Ohio personal injury attorney, experienced in investigating and settling truck and traffic accident claims for plaintiffs nationwide.
Logbooks and other trucking company data obtained during the investigation process can be just as important as witness testimony. Experts can thoroughly analyze logbooks for accuracy because it is not uncommon for commercial truck drivers to falsify logbooks for various reasons. If inaccuracies are found in your case, you may use them as evidence of the driver’s negligence.
Drivers in Ohio are legally required to keep a daily record of when they are off duty, on duty, driving, and sleeping. The logs show when truckers are behind the wheel, which matters because the federal government regulates how much time truckers are allowed to drive in a given day.
Truck drivers are limited to driving 10 hours after eight consecutive hours off. Property-carrying drivers may drive a maximum of 11 hours after 10 hours off duty. Also, drivers must take rest breaks at specified intervals.
A driver who does not follow the regulations is likely to drive when tired and increase the risk of an accident.
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ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
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Tens of thousands of drivers and passengers are injured in large commercial truck crashes every year. U.S. truck drivers suffer a disproportionate number of injuries in motor vehicle crashes, and the number of deaths and injuries of innocent motorists in these accidents is five times larger. Common truck accident injuries include:
Professional drivers with sleep disorders are also a particular risk. Researchers from the Institute of Medicine estimate that more than 70 million Americans suffer from a sleep disorder, some of which are drivers of semis, tow trucks, buses and other large commercial vehicles.
Shift workers are more likely than those who work a regular daytime schedule. Drivers tend to fall asleep at the wheel more on high-speed, long, rural highways. This is the daily task for many long-range commercial drivers. When Fatigued Worker Accidents, many drivers polled said they become stressed and impatient and may tend to drive faster.
Many truck drivers sacrifice sleep to make up time, and often to receive an early delivery bonus. Some estimates note that over 80 million drivers are sleep-deprived and drowsy behind the wheel in America every day.
A report by the Governors Highway Safety Association (GHSA), found that U.S. motor vehicle deaths increased 7.7 percent nationwide in 2015. Driver fatigue is a likely cause for many of the accidents. The problem has become so serious that safety agencies have expanded their definitions of impaired driving to include drowsy drivers.
The National Highway Traffic Safety Administration estimates that in 2013, drowsy driving was responsible for 44,000 injuries, and 800 deaths.
These statistics are likely underestimated. When a crash occurs, most drowsy drivers do not report the cause due to concerns about insurance, employment or legal consequences. About 23 percent of adults say they know someone personally who has crashed due to falling asleep at the wheel. Approximately eleven million drivers admit they have had an accident or a near miss because they were too tired to drive.
Because commercial trucks are on the roadways 24 hours a day, any vehicle occupant is at risk of an accident when a driver is distracted or falls asleep at the wheel. Night driving carries an additional risk. People who work nights or long, irregular shifts are more likely to get behind the wheel when they are tired. Most crashes or near misses occur between 4:00 to 6:00 a.m. and midnight to 2:00 a.m.
A report released by the AAA Foundation for Traffic Safety suggests with each hour of sleep lost, a risk for a driving accident increases. Drivers who sleep only five or six hours in a 24-hour period are twice as likely to crash as drivers who sleep seven hours or more. Drivers who get only four or five hours of sleep have four times the crash rate, nearly as dangerous as drunken drivers. Fatigue and drowsiness may lead to the following:
Additional risks involve commercial drivers or trucks and busses who have worked consecutive long shifts, worked overtime, work night shifts or who have taken medication that causes drowsiness.
The best way to determine the cause of an accident you are involve in is to contact an experienced personal injury attorney to investigate with the assistance of accident experts. If a serious injury has resulted, victims are likely to be compensated for property damages, medical costs, lost past and future earnings, and pain and suffering.
Trucking employers and transport companies are accountable for their drivers and their on-road behavior. If trucking management overworks their drivers or is aware of their drowsy driving and fatigue, they can be liable for contributing to an unsafe working environment and dangerous roadways.
There are more than 15 million commercial trucks transporting over 70 percent of all U.S. goods every year. Commercial trucks—delivery tractor trailers, busses, big-rigs and semi-trucks—are very heavy and difficult vehicles to control. A small amount of inattention or fatigue can result in fatal accidents. If an accident occurs in part because a driver was fatigued, trucking companies and drivers may be liable for damages and sued for endangering other vehicle occupants on the road.
Driver fatigue, or physical or mental exertion that impairs performance, may be due to a lack of sleep, extended work hours, strenuous work or non-work activities, or substance related.
One study published by the Federal Motor Carrier Safety Administration reported that 13 percent of commercial motor vehicle (CMV) drivers were fatigued at the time of their last accident. The Truck Crash Causation Study reported over 12,000 commercial truck crashes over a span of about three years, which resulted in more than 249 deaths and 1,654 injuries.
*It is well known that driver fatigue can result in an increased risk of crashes, which is due to a decrease in performance. It is reasonable to believe that restrictions on hours of service lead to a reduction in the percentage of driver fatigue accidents in Ohio.
According to a survey conducted by the National Highway Traffic Safety Administration (NHTSA), truck driver fatigue and overworked drivers are the leading causes of truck-related accidents. These crashes often result in serious injuries and fatalities. Other common causes of Ohio accidents include:
Trucking employers and transport companies are accountable for their drivers and their on-road behavior. If trucking management overworks their drivers or is aware of their drowsy driving and fatigue, they can be liable for contributing to an unsafe working environment and dangerous roadways.
The best way to determine the cause of a truck accident you are involve in is to contact an experienced attorney to investigate with the assistance of trucking accident experts. If a serious injury has resulted, victims are likely to be compensated for property damages, medical costs, lost past and future earnings, and pain and suffering.
COMMON INJURIES IN TRUCK ACCIDENTS:
Truck tires have been known to fail due to overuse, under-inflation, poor maintenance and inherent defects. When a truck tire blowout causes a truck accident, the injured parties deserve an investigation into the incident. An attorney can assist a plaintiff in obtaining truck maintenance records, and may work with accident reconstruction experts to determine if the tires were defective. If a tire is deemed defective, a manufacturer may be sued, along with possible claims against the transportation or logistical company involved.
Truck drivers are tasked with long, arduous trips across the country, and are often behind schedule due to weather delays or logistical hangups. Drivers will sometimes attempt to make up time by failing to get enough rest or operate their rig at excessive speeds.
After any trucking accident, driver records can be sought to find out if a river exceeded the number of hours they are legally allowed to be on the road in a given day or week.
Truck drivers may be negligent in an accident if they drive beyond the speed limit, engage in dangerous lane changes, fail to signal, have broken taillights, or fail to maintain their truck.
Following any accident and injury, it is critical to collect as much evidence from the scene as possible. Photographs, videos, eye witness accounts, medical records, and police reports.
A parent transportation company may be liable for accidents that involve their trucks. Individual drivers and trucking companies can be liable for preventable truck accidents.
Joe Lyon and his team of attorneys have extensive legal experience, and have filed many lawsuits on behalf of plaintiffs injured in road accident incidents.
The Lyon Firm seeks to settle a case to recover rightful compensation on behalf of plaintiffs to pay for medical costs, future care and lost wages. The Firm has the resources and dedication to obtain justice for the wrong plaintiffs have suffered.
The Lyon Firm has over 15 years of experience and success representing individuals and plaintiffs in a variety of complex auto accident cases.
Yes, you can sue a company for damages if the driver who caused an accident is an employee and not an independent contractor.
Tens of thousands of drivers and passengers are injured in large commercial truck crashes every year. U.S. truck drivers suffer a disproportionate number of injuries in motor vehicle crashes, and the number of deaths and injuries of innocent motorists in these accidents is five times larger. Common truck accident injuries include:
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law.
(Brown County, Kentucky): Joseph Lyon was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.
(Cincinnati, Ohio): Joe Lyon was lead counsel in a $495,000 settlement. The case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.
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