Various studies have shown that operating a motor vehicle while suffering from a lack of sleep can be as dangerous as driving while intoxicated, and even short-term sleep deprivation can significantly reduce reaction time and awareness. Unfortunately, the nature of long-haul trucking means commercial truck drivers often work several shifts in succession without getting proper rest in between, significantly increasing their chances of causing a serious accident.
If you were hit by a fatigued truck driver, proving fault for your injuries and seeking fair compensation through civil litigation may be a difficult task for you to accomplish on your own. Fortunately, a skilled attorney could help. A commercial vehicle wreck attorney who has experience handling fatigued truck driver accidents in Chardon could provide crucial assistance throughout every step of your claim and work tenaciously to get you the restitution you deserve.
Who Is Liable for Truck Driver Fatigue?
An individual truck driver is not always primarily to blame for a truck crash stemming from his or her own fatigue. In many situations, truck drivers are fatigued because of unreasonable or even overtly illegal instructions from their employers to stay on the road longer to save time and money.
Accordingly, the best course of action following a crash in Chardon is often to file suit against the employer of a fatigued truck driver rather than the individual trucker. Large trucking companies—or rather, their insurance providers—have much greater financial resources than individual drivers, which can be crucial to getting enough compensation to cover the kinds of severe losses truck wrecks can cause.
Even if a trucking company is not directly liable for compelling a driver to disobey federal driving time regulations or encouraging irresponsible behavior, they could still be vicariously liable for negligence committed by their employee. A qualified Chardon attorney at Tittle & Perlmuter can determine the best approach based on the facts of a particular fatigued driver truck accident.
Recovering for Damages Within Legal Time Limits
As with any motor vehicle accident claim, the amount of compensation available following a truck accident caused by fatigue depends on the specific losses a plaintiff endured as a direct result of the incident. These losses can be economic or non-economic in nature, and comprehensive cases can seek restitution both for losses that have already occurred and for losses that will likely occur in the future, (e.g. expenses for rehabilitative medical treatment and permanent loss of earning capacity).
Fatigued truck driver accident cases in Chardon are subject to the same deadlines as other personal injury lawsuits. For example, the statute of limitations prevents the threat of litigation from hanging over potentially liable defendants for unreasonable amounts of time. Under Ohio Revised Code §2305.10, it is generally impossible to file any kind of truck accident claim more than two years after discovering injuries sustained from such an incident, with only a few rare exceptions that a legal professional could discuss in more detail if applicable.
A Chardon Attorney Can Help Pursue a Fatigued Truck Driver Accident Claim
Getting the most out of a truck accident lawsuit can require evidence that conclusively demonstrates fault on the part of a truck driver or his or her employer. Having representation with legal knowledge may be necessary to present that evidence in a convincing and efficient way that can lead to success in your case.
If you want to explore your legal options after this kind of incident, speaking with a knowledgeable truck accident lawyer in Chardon should be your top priority. Call Tittle & Perlmuter to schedule an initial meeting.
