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Truck Driver Fatigue Accidents

Truck Driver Fatigue Accident Claims

Truck accidents can be caused by a number of reasons, which could be driver-related, truck-related, weather-related or roadway-related. In the vast majority of truck accidents, however, driver-related actions are a contributing cause of the accident. And among those, driver fatigue is a prominent factor that is involved in more than one out of every ten truck crashes. The Atlanta truck accident attorneys at Katz Wright Fleming Dodson & Mildenhall LLC have the knowledge, skills and experience to handle cases of serious personal injury or wrongful death in Georgia truck accidents where driver fatigue is a factor.

Truck drivers and pressure to drive when tired

The transportation industry centers around delivering goods as quickly as possible. Federal Motor Carrier Safety Administration (FMCSA) rules, which regulate the hours of service for truckers, allow tractor-trailer operators to drive up to 11 hours a stretch in one 14-hour period. Truckers can be required to drive up to 60 hours in a seven-day period or 70 hours in an eight-day period, without running afoul of FMCSA regulations. Truckers are often under a great deal of pressure to work the maximum allowable hours of service and to operate their semis even when fatigued.

Use of stimulants increases truck driver fatigue and risk of truck accidents

Given the pressure to deliver their cargo to its destination as soon as possible, it is not surprising that many truckers are frequent users of over-the-counter stimulants and prescription drugs, as well as illegal drugs to a lesser extent. It may be surprising to learn, however, that stimulants actually increase fatigue rather than relieving it. Stimulants may mask the symptoms of fatigue for a brief period, but the brain and body are never actually getting the rest they need. When a stimulant wears off, the driver is suddenly hit and overcome with an accumulation of fatigue. Even while a stimulant is active within the body, it has been shown that the drug does not actually increase alertness and can cause inattentive or distracted driving.

Evidence of stimulant use by the truck driver or analysis of the trucker's logs may prove that fatigue was a factor in the crash. In order to downplay their insured driver's fault, insurance company lawyers will often claim the driver of the passenger vehicle was negligent, reckless or careless and caused or contributed to the accident. Compensation for the injury victim will be reduced by the amount of fault that is attached to him or her, and if the insurance company can convince a jury that the injured plaintiff is 50% or more to blame, then the accident victim may be barred from recovering anything at all.

Legal Representation for Truck Accident Injuries

Accidents involving large trucks are often very complex, which makes it crucial to be represented by a lawyer who knows how to prepare and present a persuasive case. This will include documenting the truck driver's fatigue and other factors while effectively defending against the arguments of the insurance company lawyers that the accident victim was somehow to blame. Atlanta truck accident attorneys at KWFDM have been representing victims of serious vehicle accidents in Atlanta for over 25 years. We understand insurance company tactics and won't let clients be unfairly taken advantage of. If you or a loved one has been injured in a truck accident in Atlanta, Decatur or anywhere throughout DeKalb County and neighboring areas, contact Katz Wright Fleming Dodson & Mildenhall LLC at (404) 460-0101 for a free consultation with a skilled and experienced truck accident lawyer.

Client Reviews
★★★★★
I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
★★★★★
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
★★★★★
I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
★★★★★
After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming Dodson & Mildenhall LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
★★★★★
I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
★★★★★
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
★★★★★
Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
★★★★★
I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
★★★★★
We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
★★★★★
Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
★★★★★
I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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