How Driver Fatigue Contributes To Michigan Truck Accidents
Accidents of this nature are most devastating due to their size and weight. Driver fatigue has proven to be a very prevalent and unsafe factor in many of these collisions. It is considered that fatigued truck drivers are one of the biggest risks on Michigan roads. Under Michigan law, state and federal rules and regulations have been developed to avoid this exact problem. Even with these rules, many trucking accidents occur because drivers push themselves beyond safe limits.
Federal Motor Carrier Safety Regulations
Truck drivers in Michigan are bound by the Federal Motor Carrier Safety Regulations on and off-duty hours. These limit the number of consecutive driving hours of any driver. Per FMCSR, a truck driver may drive for no more than 11 consecutive hours after coming on duty following ten consecutive off-duty hours, ending no later than the 14th consecutive hour after coming on duty. These rules are in place to help fight fatigue among truckers, but some trucking companies work drivers to keep up with tight delivery schedules, sometimes creating hazardous conditions on the road.
Michigan law also allows victims of truck accidents to hold a trucking company responsible if the driver’s fatigue is a cause of the accident. A truck driver who causes an accident due to his/her fatigue and the company may both be held liable. Michigan is a “comparative negligence” state; that is, MCL 600.2959 provides that even partial fault, such as caused by the truck driver’s fatigue, does not relieve them of liability for injuries and damages. You can recover your damages when you share partial fault with another party, as long as you are less than 50% at fault.
As an attorney, I advise my clients to act quickly following any accident. Time is of the essence whenever one tries to gather crucial evidence. Sometimes, driver logs, electronic logging device data, and trucking company records can prove to be pivotal in a truck accident case. Such records may tell whether the driver violated the hours-of-service rules or was required to be on the road longer than the law allowed.
The consequences of driver fatigue are severe, and the injuries from a truck accident can be life-changing. Victims of truck accidents have catastrophic injuries like spinal cord injuries, traumatic brain injuries, and multiple fractures. The results are overwhelming medical care, rehabilitation, lost wages, and emotional suffering. Under Michigan law, victims of truck accidents may seek compensation for these losses. It’s very important to know your rights and how to proceed through the process of filing a claim.
If you have been involved in an accident with a truck driver who was fatigued, then you do have the right to seek out any damages for injuries caused. Michigan’s no-fault insurance law means you first look to your insurance to pay medical expenses and lost wages. However, your right to sue for pain and suffering damages will be preserved if your injuries meet a threshold under Michigan law called “a serious impairment of body function,”-and you can directly sue the negligent motorist or trucking company. See MCL 500.3135.
Truck Accident Frequently Asked Questions (FAQs)
What Proof Will Be Needed To Demonstrate That The Driver Of The Truck Was Fatigued?
Generally, to prove driver fatigue in a trucking accident case, several pieces of evidence are needed. The most crucial evidence shall be found in the driver’s logbook or ELD showing how many hours of driving time have been experienced and the number of rest time hours taken. This can also be shown by internal records of the trucking company itself, such as dispatch logs and schedules, proving that the driver was forced to drive in excess of the legal hours of service. Road and company witnesses can testify to other very useful information regarding the state of the driver prior to the accident.
Can A Trucking Company Be Held Liable For A Tired Driver?
Yes, trucking companies may be held liable in cases of accidents caused by a fatigued driver. Generally, under Michigan law, an employer is held liable for the acts of his employees if the acts occur within the course and scope of their employment. A company will be considered negligent if it encouraged or allowed the driver to violate the hours-of-service rules or failed to enforce appropriate safety policies that would have prevented the fatigue. This is known as vicarious liability, and this can often play a part in trucking accident cases.
What Are The Penalties For Truck Drivers Who Violate The Basic Hours-Of-Service Regulations?
Truck drivers who violate the hours of service can be penalized on both federal and state levels. On the federal level, the Federal Motor Carrier Safety Administration, or FMCSA, can issue fines and other penalties against drivers and companies for violations of these regulations. In Michigan, the trucking company can also be sued and may be held liable for damages if the violation is the cause of the accident. Although these penalties do not directly affect your personal injury claim, they can assist you in proving the elements of negligence in your case.
What Do I Do If I Believe Fatigue Played A Role In My Truck Accident?
If you suspect driver fatigue played a role in your semi-tractor-trailer accident, it is crucial to take action immediately. First and foremost, go to the hospital and get checked out. Your well-being is more important than anything. After that, consult a competent trucking accident attorney who will support you in reviewing your case and collecting crucial evidence. Trucking companies have large legal teams working for them, and they will counterclaim their way out of this, so you definitely want someone in your corner who can help make your case. Your lawyer will attempt to subpoena driver logs, ELD data, and other evidence for use in the case against them.
How Might A Truck Accident Case Be Impacted By Michigan’s No-Fault Insurance Law?
Under Michigan’s no-fault insurance law, your own insurance company will pay for medical expenses and lost wages regardless of whose fault it is that caused the accident. However, you may be able to sue the negligent truck driver and any trucking company involved if your injuries meet the statutory threshold of a “serious impairment of body function.” In such a lawsuit, you would also be entitled to pain and suffering damages, along with other economic damages that exceed your coverage amount under no-fault insurance. It is with the explanation of how this applies to your case that the attorney will be able to walk you through pursuing additional compensation for your injuries.
Am I Able To Recover Damages For Pain And Suffering After A Truck Accident In Michigan?
Yes, you may be entitled to recover damages related to pain and suffering after a truck accident in Michigan, but only when your injury rises to the state’s threshold level of a “serious impairment of body function.” Under Michigan law, a serious impairment of body function equates to a legal cause of action by “impairment of an important body function” that limits one’s life. Your attorney will work with medical professionals and experts to demonstrate the severity of your injuries and prove that you meet this threshold, which is important in recovering non-economic damages such as pain and suffering.
Contact Our Detroit Truck Accident Attorney For Your Free Consultation
If you or someone in your family was injured in a trucking accident due to driver fatigue, you are entitled to compensation for the injury and your way of life. At Ravid & Associates, P.C., we’re here to explain your legal options and help you fight for the compensation that you deserve. Do not allow the negligence of a fatigued truck driver to take your health and well-being away from you. Let Ravid & Associates, P.C. help you get the compensation you deserve. Contact our Detroit truck accident attorney at Ravid & Associates, P.C., by calling (248) 948-9696to receive a free consultation. This firm proudly serves clients in Southfield, Detroit, and throughout Michigan.
