Houston Truck Driver Fatigue Lawyer

Truck driver fatigue significantly contributes to the high rate of truck accidents on our roads. These accidents can be catastrophic, causing severe injuries or even fatalities. If you suffered a severe injury or lost a loved one due to a fatigued truck driver, please don’t hesitate to contact Armstrong Lee & Baker LLP. You’ll work with a Houston truck driver fatigue lawyer who will passionately fight for the compensation you have coming under the law.

Why Truck Driver Fatigue is So Dangerous

Fatigued driving can have horrible consequences. Nearly 700 people across the country died in accidents authorities blamed on drowsy driving in 2022. When a truck driver operates an 80,000-pound machine while exhausted, the results can be disastrous.

Truck driver fatigue is a state of exhaustion that impairs a driver’s ability to operate a vehicle safely. It can result from long hours on the road, insufficient sleep, and irregular work schedules that disrupt the body’s natural sleep patterns.

The effects of driving while fatigued are comparable to drunk driving. Studies have shown that staying awake for 20 hours is equivalent to a BAC of 0.08%, the legal limit for driving in nearly every state. The Federal Motor Carrier Safety Administration (FMCSA) reports that nearly 15% of large truck crashes involve fatigued drivers. When you add the complexities of operating a commercial truck, you could argue that trying to do so while exhausted is even more dangerous than driving a passenger car.

Why Truck Drivers Stay Behind the Wheel When They’re Exhausted

Several factors contribute to truck drivers staying behind the wheel despite being exhausted. One major factor is the pressure to meet tight delivery schedules. Trucking companies often impose strict deadlines, and drivers may push themselves to avoid penalties for late deliveries or maximize their earnings, especially if paid by the mile or load. Time of day also plays a role, as driving late at night and early morning can increase fatigue due to the body’s natural circadian rhythms. These rhythms dictate that these are periods for sleep.

Sleep Disorders and Stimulant Use

Sleep disorders are another significant factor. Conditions like sleep apnea, which causes interruptions in breathing during sleep, are prevalent among truck drivers and can lead to chronic fatigue. Irregular and changing shift schedules worsen the problem, making it difficult for drivers to establish consistent sleep patterns. Some drivers may resort to the use of stimulants to stay awake, which can lead to a vicious cycle of dependency and further impair their ability to drive safely once the effects wear off.

“Every challenge is an opportunity for us to make a difference. Let’s work together to turn your personal injury journey into a successful path forward. ”

Scott Armstrong

Partner

Federal Regulations on Truck Driver Fatigue

The FMCSA has established Hours of Service (HOS) regulations to mitigate the risks associated with truck driver fatigue. These rules mandate that a driver can operate their truck only so long before taking a rest. The purpose of HOS rules is to ensure drivers get adequate sleep.

Key provisions include:

• A maximum of 11 hours of driving after 10 consecutive hours off duty.
• A 14-hour workday limit.
• Drivers must take a 30-minute break after eight hours of driving.
• Drivers must limit their driving to 60/70 hours over seven/eight consecutive days.
• After the seven/eight days, they must take a 34-hour rest period to reset this limit.

Recent changes to HOS rules have aimed to provide more flexibility while maintaining safety. For instance, the 30-minute break requirement can now be satisfied with an on-duty, not driving, period. ELDs (electronic logging devices) monitor compliance with these regulations by recording driving hours (more on ELDs later). Non-compliance can result in penalties for drivers and trucking companies, including fines and out-of-service orders.

The Impact of Truck Driver Fatigue

The impact on victims of fatigue-related truck accidents can be devastating. Injuries sustained in these accidents are often severe due to the size and weight disparity between trucks and passenger vehicles. Victims may suffer from traumatic brain injuries, spinal cord injuries, fractures, and internal injuries, among others. In the worst cases, these accidents result in fatalities, resulting in families having to deal with a loved one’s loss.

The physical, emotional, and financial toll on victims and their families underscores the need for strict enforcement of regulations and accountability for those responsible.

Legal Rights and Options for Victims

Victims of truck accidents caused by driver fatigue have several legal rights and options to seek compensation for their injuries and losses. Determining liability in these cases is crucial and can involve multiple parties. A Houston truck driver fatigue lawyer can hold many different parties liable, including the following:

• The truck driver may be liable if they violated HOS regulations or were negligent in their duty to drive safely.
• The trucking company can also be responsible if it encouraged or permitted violations of safety regulations, failed to maintain its vehicles properly, or neglected to monitor its drivers’ compliance with HOS rules.
• Your Houston truck accident attorney can also hold third-party logistics companies and manufacturers of faulty equipment accountable.

Compensation Victims Can Pursue

A Houston truck driver fatigue lawyer can help you seek various types of compensation, including:

• Medical expenses cover hospital bills, surgeries, medications, and rehabilitation costs.
• Lost wages compensation accounts for income lost because you can’t work. You can also pursue loss of future earning capacity damages if your injuries result in long-term or permanent disability.
• Pain and suffering compensation addresses the physical pain and emotional distress you endured.
• In cases where the accident results in a fatality, families can seek wrongful death compensation to cover funeral expenses and loss of financial support and companionship.

How to Take Action

The most essential step is to follow your doctor’s treatment plan. This is critical for health reasons and for documenting your injuries and linking them to the accident.

The next step is to contact an Armstrong Lee & Baker LLP attorney immediately. Your Houston truck driver fatigue lawyer will gather evidence from the accident scene, such as photographs, witness statements, and police reports, which is essential to proving your case. Your attorney can then negotiate with insurance companies and, if necessary, pursue litigation.

Looking for a personal injury lawyer near you in Houston, TX?

We’ll fight for the compensation you deserve.

Send Us a Message Call us

Other Reasons You Need a Houston Truck Driver Fatigue Lawyer

A Houston truck driver fatigue lawyer plays a vital role in helping victims of fatigue-related truck accidents. One of the primary tasks of the lawyer is to conduct a thorough investigation to gather evidence of driver fatigue. This investigation involves reviewing the truck driver’s logbooks, ELD data, and HOS compliance records. The lawyer may also consult with experts who can provide informed opinions on how an accident occurred.

ELD Data

Again, a truck’s ELD records detailed data on the driver’s hours of service, including driving time, rest periods, and off-duty hours. By analyzing this data, a Houston truck driver fatigue lawyer can determine if the driver exceeded the federally mandated hours of service limits, indicating potential fatigue.

The ELD logs can reveal patterns of continuous driving without adequate rest breaks, helping to establish that the driver was likely fatigued at the time of the accident. This objective data is crucial evidence in proving driver fatigue and supporting claims in a truck accident case.

Expert Witnesses

Sleep, accident reconstruction, and transportation safety experts often play critical roles in helping accident victims obtain significant compensation. These experts provide authoritative analyses that help establish the driver’s state of fatigue.

Here’s a brief look at each.

• Sleep experts: A sleep expert can analyze the truck driver’s sleep patterns and work schedules, often using data from the ELD to assess whether the driver adhered to the required rest periods. They can explain how deviations from these schedules likely led to fatigue, highlighting the effects of inadequate sleep on the driver’s cognitive and physical abilities.
• Accident reconstruction experts: These professionals can use the data from the crash scene, such as skid marks, vehicle damage, and ELD records, to determine the driver’s reaction times and decision-making processes. By comparing these findings with typical behaviors of well-rested drivers, they can illustrate how fatigue contributed to the driver’s impaired performance.
• Transportation safety experts: Experts in transportation safety can review the trucking company’s policies and practices, identifying any systemic issues that may have encouraged or tolerated driver fatigue. They can testify on industry standards and regulations, showing how non-compliance with safety protocols directly led to the accident.

Through their in-depth knowledge and detailed analysis, expert witnesses provide compelling evidence that helps establish truck driver fatigue as a significant factor in accident cases.

Negotiating and Litigating Your Case

Negotiation and litigation are key aspects of a lawyer’s role. An experienced Houston truck driver fatigue lawyer can negotiate with insurance companies to seek a fair settlement that covers all your damages. Insurance companies often attempt to minimize payouts, but a skilled attorney knows how to counter their tactics and advocate for the victim’s best interests. If the insurer refuses to settle, your lawyer can take the case to court, presenting a compelling case to a judge or jury to secure the compensation you deserve.

Speak with an Armstrong Lee & Baker LLP Houston Truck Driver Fatigue Lawyer

Victims of fatigue-related truck accidents have the right to seek compensation for their injuries and losses. If you’ve suffered an injury or the tragic loss of a loved one in such an accident, please don’t hesitate to seek legal help from an Armstrong Lee & Baker LLP Houston truck driver fatigue lawyer.

Our professionals have the skills and resources to investigate the accident, gather evidence, and fight for your rights, ensuring you receive the justice you seek. Contact us online or call (832) 402-6637 for a free consultation.

Types Of Truck Injury Cases We Handle

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

Get in touch with Scott Armstrong now.

Client Reviews

What our clients are saying about us

B. Farmer

Google Review

Josh Lee and the rest of the staff are all amazing. They kept me up to date and informed. I was treated like a priority every time I called, Josh even called me back on a Saturday, when the office was closed. They got me way more money than I thought even possible! I am more than satisfied and so grateful that I chose this firm. If you want a very personable, honest attorney who looks out for your best interest and gets results, call them!

Mary G.

Google Review

I live roughly eight hours from Armstrong Lee & Baker and communication exceeded my expectations all my needs were met at every level Mr Adam and his wonderful team guided me step by step,I definitely recommend Mr Adam if ever you need a lawyer that will fight very hard for you.He was successful with my injury case got me what I deserve and more,I am forever grateful to Mr Adam and his wonderful team God bless you all

Adam B.

Google Review

I couldn’t have asked for better representation. From day one, they took great care of me—not just as a client, but as a person. Throughout the entire injury case from my car accident, they kept me informed, made sure I felt supported, and handled every step with professionalism and confidence. At the end of the day, they got the job done. Grateful to have had them in my corner. Highly recommend.

Carl T.

Google Review

Omg…Armstrong Lee & Baker are nothing short of amazing . From the very beginning of my initial call they where totally attentive. The entire team from Priyanka , Monique, Lydia, Eddie , and more are Par-Excellence. Priyanka & Monique , Brianna keep me in the loop on every level . Especially being my first time having to experience hiring an attorney I did not know what to expect. They all coached me play in and out on all procedures . Eddie kept me in the loop on all of my Dr. Appts. He also made sure I received all of my meds. DoorStep! The entire team are amazing ! As for me” Armstrong Lee & Baker are far beyond 5 stars … I give um a 10+”. Thank you Armstrong Lee & Baker.

Apple G.

Google Review

I originally hired Jim antler and after a year of him stringing me along he declined my case said it wasn’t worth nothing. That’s when I called Adam at Armstrong Lee and Baker him and his associates took care of me like family got all the medical needs taken care of. Got me my next surgery Back on my feet and also got me awarded a check way bigger than what I was expecting. thank you Adam and your associates at Armstrong, Lee and Baker.

Kirby C.

Google Review

I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.

Toby B.

Google Review

When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

View More Reviews on Google Maps.