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Liability in Truck Driver Fatigue Cases in Nashville

If you have been in a truck accident due to the other driver being overtired, reach out to a seasoned lawyer who is experienced in assigning liability in truck driver fatigue cases in Nashville. A dedicated attorney will fight for you to ensure that you are able to receive the compensation you deserve.

When there is a truck accident and the driver was violating their hours of duty, a driver fatigue accident attorney will look at their driving records and see if there was a pattern. The lawyer will also see if the driver was solely at fault or if there was pressure from the trucking company for their drivers to exceed their hours of service.

Penalties for Driving While Fatigued

It is a crime for an individual to choose to drive while being too tired. The majority of the time, this is a civil violation. When the liability of truck driver fatigue cases in Nashville is assigned, the driver will face penalties. Usually, the Federal Motor Carrier Safety Act (FMCSA) will assess penalties. Penalties for driving while fatigue can be from $1,000 to $11,000, depending on the violation and severity.

However, federal criminal penalties can be brought against both the truck carrier and the driver if they willfully allow hours of service violations.

Common Accidents from Driver Fatigue

The most common accident due to driver fatigue is a rear-end collision. When a driver is overtired, they have a slower reaction time, which is why they cannot stop or slow down in time. There have also been cases where trucks have veered into other lanes due to fatigued driving.

When the Trucking Company is Found Responsible

Liability in truck driver fatigue cases in Nashville can be assigned to both the trucking company and the driver. It is uncommon for the trucking company to be found responsible and the driver not. If the truck company is guilty of something, the driver usually knows about it and goes along with it.

Companies have a duty to train the driver. They have a duty to make sure the driver is safe. Even it is just an accident, it is still their responsibility. The trucking company is responsible for both the good and the bad that that employee does. If the driver caused an accident, the trucking company can also be held responsible. An experienced truck accident attorney could help an injured person assign fault following a wreck. 

Absolving the Truck Driver of Responsibility

There are certain circumstances when a truck driver can be absolved of responsibility. Not every truck accident is the driver’s fault. Other motorists have a duty to give trucks a little more room since it takes them longer to stop. There are situations when it is not the truck driver’s fault, but the other car’s fault instead.

For more information about liability in truck driver fatigue cases in Nashville, reach out to a seasoned lawyer today.

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