Driving a truck is a stressful job that requires constant vigilance. Unfortunately, long hours on the road can wear down a trucker’s focus, causing their mind to wander and their attention to drift away from the task at hand. In extreme cases, it can even cause them to fall asleep at the wheel, leaving them unable to respond to sudden hazards and significantly increasing the risk of an accident.
Have you been hurt in a semi-truck accident in Tulsa that you suspect was caused by a trucker who was too tired to operate their vehicle safely? If so, you could be entitled to compensation. You need a Tulsa fatigued truck driver accident lawyer to help you pursue it.
The experienced Tulsa personal injury attorneys at Cain Law know how to recover the critical evidence that can prove the trucker was tired and potentially tie that to the trucking company’s violation of critical safety regulations.
In pain? Call Cain. Contact us today for your free consultation to discuss your legal options in a tired trucker accident claim.
How Cain Law Builds Fatigue Claims for Tulsa Truck Accident Victims
The Tulsa truck accident lawyers at Cain Law have recovered $250 million and counting for injured people like you in Oklahoma. We’re available to take your call 24/7 and will never charge you a fee unless and until we win your case.
Initial consultations are free. If you can’t meet us in our office, we’ll come to you, whether that’s in your home, at the hospital, or through a video call.
When you turn to our firm for help with your commercial truck accident claim, you can expect us to:
- Deploy our rapid-response team to thoroughly investigate the truck accident while the evidence is still fresh and before the company has had a chance to cover its tracks.
- Connect you with medical specialists if you do not already have a team, and help you manage medical expenses while your case is pending.
- Work with experts to identify all at-fault parties and sources of compensation, which may include parties other than or in addition to the fatigued truck driver.
- Calculate the full and fair compensation you’re entitled to so that we pursue the maximum amount on your behalf.
- Negotiate aggressively with the trucking company and its insurers for a settlement that gets you paid without the time and uncertainty of a trial.
- Litigate your case if the other side won’t make an acceptable offer and fight for your rights in court.
Cain Law’s thorough approach has helped us secure life-changing compensation for people in situations like yours, including:
- $3 million for a client who suffered brain and orthopedic injuries in a semi crash
- $1.7 million for a client who sustained a TBI because of a collision with a commercial vehicle
- $1.2 million for a client in Mayes County who was injured when a semi-truck crossed the center line and struck the left side of their vehicle
Our past results do not guarantee a similar outcome in your truck accident case, but we stand by them as validation of what we can achieve when we pursue maximum compensation for our clients. As one of our past clients wrote in a testimonial:
“Extremely professional staff and great people who listen to you, I really like the intake process and how they took the time to take every detail and noted it to my case.” – Marissa S.
Why Truck Driver Fatigue Is Hard to Prove Without Records
Truck driver fatigue can be difficult to prove because it often leaves no concrete evidence. Unlike alcohol or drug use, fatigue won’t show up in a toxicology report.
In addition to driver logs showing the truck driver violated mandatory hours-of-service rules (HOS), a trucker’s fatigue could be indicated by different types of evidence, such as:
- Statements from eyewitnesses who observed the driver’s behavior
- Black box data showing the truck driver failed to brake or swerve before the crash
- Testimony from fellow truckers about whether the carrier pressured drivers to work beyond safe limits
- A lack of skid marks showing that the driver was not alert enough to take evasive action
How Electronic Logs and Trucking Records May Support the Claim
Electronic logs are key to proving an hours-of-service truck accident. The congressionally mandated devices sync with the commercial truck’s engine to accurately track how long the vehicle operates without a break. They’re much harder to tamper with or fabricate than traditional logbooks. That makes them better at showing when a trucker has violated federal laws about how long they can drive or do other work-related tasks without a break.
Other records that might suggest a driver was fatigued include:
- Internal documentation regarding company policies
- Dispatch records and telematics data showing the truck’s location and speed over time
- Medical records showing that the driver was at a greater risk of becoming fatigued or was taking medication that might make them drowsy
Contact a Tulsa Fatigued Truck Driver Accident Lawyer Today
In pain? Call Cain. Contact us now to discuss your truck accident case. We’re ready to take your call and schedule your free consultation with a Tulsa truck accident lawyer.
Frequently Asked Questions
Can a truck driver be fatigued even without breaking hours-of-service rules?
Yes. While hours-of-service rules are meant to reduce the likelihood of a fatigue-related truck accident, they do not eliminate the risk. Our attorneys can seek additional evidence to show the trucker was too tired to operate their vehicle safely, even if their logs show they were not violating HOS regulations.
What records can help prove truck driver fatigue?
The truck driver’s logbook is often the key piece of information proving their tiredness at the time of a crash in a truck driver fatigue claim. Our Tulsa truck accident attorneys can also look at onboard vehicle data to determine how long the truck had been in operation, as well as footage from in-cab monitoring systems that might show the driver nodding off or losing focus.
Can a trucking company be responsible for a fatigued driver crash?
Yes, several circumstances can make the motor carrier responsible for a truck accident caused by driver fatigue. First, trucking companies are vicariously liable for the on-the-job actions of their employees and independent contractors who work for them. Second, a trucking company could independently be to blame if it pressured the driver to violate hours-of-service rules or failed to monitor their activities, for example. Proving the trucking company is responsible for the accident could provide you with additional sources of compensation.
Why should I contact a lawyer quickly after a fatigued truck driver accident?
One key reason Cain Law employs a rapid-response team is that trucking companies do, too. If you don’t act fast, the motor carrier may have already cleaned up evidence of its wrongdoing. The sooner you contact us, the better able we will be to identify whether fatigue played a role in the crash that hurt you.