Post Date: October 19th, 2010
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As a Missouri truck accident lawyer, I read many reports on trucking accidents caused by fatigue. Driver drowsiness and fatigue result in negligence on the road such as running off the road or failing to stay in their lane, which puts other drivers on the road at risk. The Federal Motor Carrier Safety Administration instituted new regulations regarding hours of service to help combat the risk of fatigue on the road in 2003. The amount of trucking accidents caused by driver fatigue has declined, but there are still too many people hurt by the negligence a truck driver’s fatigue causes.
Sleep deprivation effects everyone, but when it impairs a truck driver’s ability to stay alert on the road, innocent people can get hurt. A truck driver can become fatigued when he or she does not get adequate sleep each day. Over time, the truck driver’s ability to stay aware diminishes because he or she does not get enough sleep. Health issues such as sleep apnea, insomnia, and acid reflux can also cause a truck driver to become fatigued and increase the risk to other drivers on the road.
Most trucking companies require their drivers to adhere to a schedule for each run they make on the road. If the truck driver is stalled because of traffic, weather, or mechanical problems, they are obligated to make up lost time regardless how much it interferes with their sleep. Trucking companies are driven by profit and their revenue increases the longer truck drivers are on the road. Truck drivers are also motivated by money because the more loads they deliver, the more money they make.
Some trucking companies offer bonuses to their drivers for picking an extra load or making extra stops on their route, but still require the drivers to arrive on schedule. Profit is not the only thing that motivates a truck driver to complete their routes on time or ahead of schedule. Truck drivers spend a lot of time away from their family and push through their routes to get home. With the incentives and tight schedules trucking companies provide for their drivers, fatigue is common.
When truck drivers are fatigued because of their work hours, they put others on the road at risk for serious injuries or death. Truck accident settlements are reached every year when trucking companies are held accountable for the negligence a fatigued truck driver has caused. If you have been involved in trucking accident, please consult an experienced trucking attorney immediately. It is important that an attorney begin investigating driver fatigue as soon as possible so the negligence can be proven in a lawsuit.
Joshua P. Myers is owner and President of Myers Injury Law, LLC and founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his firm focuses on handling truck accidents throughout the Midwest. If you or a loved has been injured due to the negligence of a tractor-trailer driver, please contact one of our Missouri truck accident attorneys to learn your rights. It is always free to discuss your case and we never charge attorney’s fees until we recover on your behalf.
Tags: fatigue, missouri, missouri truck accident lawyer, truck drivers
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Post Date: October 10th, 2010
As a Missouri Truck Accident Lawyer, I have kept up with the news of the fatal crash that killed 10 people on the Will Rogers Turnpike in Oklahoma. On June 26, 2009, tractor-trailer driver Donald Creed departed from crashed into several vehicles in front of him who were at a standstill from a previous accident on the highway. Creed’s tractor-trailer crushed many vehicles and killed two families and one other individual.
Randall Hayes, his wife Shelby Hayes, and their seven-year-old son Ethan Hayes of Frisco, Texas, died. Randall Hayes and his son were killed instantly. Shelby Hayes died later from her injuries. Two generations of the Hooks family from Oklahoma City were also killed in the crash. Oral and Earlene Hooks died along with their sons Antonio and Dione Hooks. Cynthia Olson of Crossroads, Oklahoma, also perished in the crash.
Many others were injured in the crash and most of those victims were trapped in their vehicles for over eight hours before rescue workers could free them from the wreckage. The driver of the tractor-trailer, Donald Creed, was in good condition after being treated at a hospital in Missouri for minor head injuries.
The tragic story of wrongful deaths could have been avoidable according to the National Transportation Safety Board. The NTSB’s investigation led them to believe that driver fatigue was a major player in the events that led to the accident. Associated Wholesale Grocers of Kansas City, Kansas, surrendered their travel logs to the NTSB soon after the fatal crash. The log shows that Donald Creed departed during the early morning with only five hours of sleep due to his sleep apnea. Creed’s condition does not allow him to get a proper amount of sleep during the night and causes constant fatigue.
After the investigation was over, Creed pleaded guilty to misdemeanor negligent homicide for the deaths totaling 10 counts and was sentenced to 30 days in Ottawa County Jail in Oklahoma and 10 years of probation for his role in the crash. Members of eight of the victims’ families filed a civil lawsuit against the company, Associated Wholesale Grocers, for their involvement in the tragic accident and were awarded $62.7 million on October 6, 2010.
Truck accident settlements are reached when companies are held accountable for their involvement in tractor-trailer accidents that cause injury or death. In my experience as Missouri Truck Accident Attorney, I have held the hands of victims or their loved ones as I have done my job to help them through a time of crisis. Most victims realize that no amount of money will bring their loved ones back, but they fight the companies to make sure they do not take someone else’s family away due to negligence.
Tags: accident, missouri truck accident lawyer, truck, truck accident settlements
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