Truck Driver Fatigue
Fremont truck accident attorney Stephen M. Fuerch represents people throughout the East Bay who have been injured in collisions with big rigs and other commercial vehicles. Mr. Fuerch has more than three decades of legal experience in personal injury cases, including those related to accidents caused by truck driver fatigue. This background allows him to offer clients insight into the legal process and to help the people whom he represents aggressively pursue the full legal remedies that they deserve.Seeking Compensation for a Truck Crash Caused by Driver Fatigue
Trucks pose a particular threat to others on the road, both because of their sheer size and because commercial drivers are often pushed to the brink of exhaustion by their employers. The combination can be a recipe for disaster. Fatigued drivers are more likely to fall asleep, make mistakes, or simply fail to react as quickly as they would with the proper rest. When that happens, the result is often a tragically devastating accident.
A person who is injured in a crash with a sleepy truck driver has the right to seek compensation from the trucker and his or her employer in most cases. This often includes money for medical bills, property damage, missed wages, pain and suffering, and emotional distress, among other economic and non-economic losses.
In order to get damages from a fatigued driver and his or her employer, you usually need to prove negligence. State law imposes a “duty of care” on drivers that generally requires them to operate their vehicles in a reasonably safe manner and to take appropriate precautions. These precautions likely include ensuring that the driver is properly rested before getting behind the wheel. A driver who fails to live up to this standard faces legal liability for any accidents that happen as a result. To establish that liability, the injured person must show that the driver breached the duty of care by being excessively fatigued and that the driver caused an accident as a result of the fatigue. The injured person must also directly link the damages to the crash.
California applies a “respondeat superior” principle to these cases, in which a trucking company is likely to be found vicariously liable for a crash caused by one of its drivers within the scope of his or her job. A trucking company may also be deemed liable if it can be shown that the company pushed the driver to log long hours on the road, in excess of federal limits on trucker driving time.Explore Your Options with a Fremont Attorney after a Truck Accident
At the Law Offices of Stephen M. Fuerch, we strive to help victims get back on their feet after a crash by fighting for the full legal remedies that may be available. Mr. Fuerch previously practiced as an insurance defense lawyer, an experience that gives him a useful perspective on negotiating with truck company insurance companies. He also has a long history of securing substantial settlements and verdicts for accident victims. If you or a loved one has been struck by a careless commercial driver, Fremont truck accident lawyer Stephen M. Fuerch can help. From his Pleasanton office, he also represents people in Hayward, Walnut Creek, San Ramon, Dublin, and other cities across Alameda and Contra Costa Counties, To set up a free consultation with an experienced motor vehicle collision lawyer, contact us online or call us at (925) 463-1073.