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.
Time is of the Essence
If you or a loved one has suffered harm after being injured in a truck accident caused by driver fatigue, it is important you understand there are limitations to filing a claim or lawsuit. Known as the statute of limitations, in Tennessee, the limit to file is typically 1 year from the date of the accident. However, there could be circumstances that apply to your case which may affect the statute. The more a driver fatigue accident lawyer has to build a defense, the more you may be able to recover. You have nothing to lose by reaching out to the lawyers at The Higgins Firm. Call us now for a free consultation.
Why The Higgins Firm
The Higgins Firm is recognized as being one of the leading personal injury law firms in the Nashville area. For years our team of zealous lawyers have been fighting for the rights of victims, survivors, and their loved ones. We understand the law, the procedures, and are not afraid to stand up against large insurance companies or corporations. Our tenacious drive and dedication, along with our experience, has enabled us to recover over $100 million in settlements and verdicts. If you are looking for a law firm like this, look no further than The Higgins Firm.
For more information about liability in truck driver fatigue cases in Nashville, reach out to a seasoned lawyer today.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
