Fatigued Truck Driver Accident Lawyers Nashville

Nashville Fatigued Truck Driver Lawyers

More than $250 million in recoveries for personal injury clients in Tennessee

Driving trucks while tired is such a well-known problem that there are federal rules that regulate how long a person can drive a commercial vehicle without resting. Violations of those regulations put all road users in harm’s way. At Rocky McElhaney Law Firm, our truck accident lawyers understand these laws and all other truck driving safety rules. Our Nashville truck driver fatigue lawyers file personal injury and wrongful death claims against everyone responsible for your injuries or the tragic death of a loved one. We demand full compensation for all your personal and financial damages. Call us now to assert your rights.

Cases We Handle

Nashville personal injury lawyer

How can we help?

"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."

~ Rocky

Why is driver fatigue dangerous?

According to the National Safety Council (NSC):

  • 1 in 25 drivers state they have actually fallen asleep while driving, and many more admit to sleep deprivation.
  • Nearly 6,400 people die each year in accidents that involve driver fatigue.
  • Around 328,000 driver fatigue accidents happen each year, causing 109,000 injuries.

Driver fatigue, according to the NSC, is dangerous because drowsy driving:

  • Slows a driver’s reaction time, ability to focus, and awareness of emergencies
  • Driving “more than 20 hours without sleep is the equivalent of driving with a blood-alcohol concentration of 0.08% – the U.S. legal limit.”
  • May cause “micro-sleep – short, involuntary periods of inattention.”

Truck drivers are especially prone to driver fatigue because many employers push their drivers to deliver as much as possible instead of prioritizing safety. Many drivers push themselves to drive longer to make more money and to get home sooner. Truck drivers who use alcohol or drugs are more prone to sleep deprivation.

What factors indicate a truck driver is tired in Nashville?

Some of the signs that our Nashville fatigued driver accident lawyers review that indicate a driver knows they are too tired to drive include:

  • Yawning
  • Problems focusing
  • Drinking a lot of coffee
  • Overreliance on music to stay away
  • The inability to follow directions
  • Not getting off at the correct exit
  • Driving too close to a driver in front of their truck
  • Speeding
  • Drifting onto the shoulder of a road or another lane of travel

Tired drivers are also more likely to fail to use turn signals, stay in their lane, and look out for wildlife.

What laws regulate driver fatigue?

The Federal Motor Carrier Safety Administration (FMCSA) has specific Hours of Service rules that regulate when truck drivers need to take short-term or long-term breaks.

  • Hour limits.
    • 11-hour driving limit. Truck drivers may drive up to 11 hours if they have been off the road for 10 or more consecutive hours.
    • 10-hour driving limit. Truck drivers may drive up to 10 hours if they have been off the road for 8 consecutive hours.
    • There are also 14-hour driving limits.
  • 30-minute driving breaks. Drivers who have been driving for 8 cumulative hours without a full 30-minute break must not drive for at least 30 minutes.
  • Consecutive day limits.
    • Truck drivers “may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.”

Some conditions, such as short-haul exceptions, driving in adverse driving conditions, and sleeper berth provisions, may affect these requirements.

Electronic logging devices (ELDs)

To help ensure that truck drivers comply with the FMCSA hours of service rules, trucks are required to be equipped with working electronic logging devices that record when a truck is in motion. At Rocky McElhaney Law Firm, we review these ELDs to help show a driver failed to meet their hours of service requirements.

Similar types of electronic devices help determine how many hours a driver was driving, how fast they were going, and other traffic factors, including black boxes, event data recorders, and other devices. Truck drivers may also need to keep a physical logbook that records their journey.

What types of accidents do tired drivers cause in Nashville?

Our Nashville truck fatigue accident lawyers handle every type of truck accident, including accidents caused by driver fatigue. Tired drivers are likely to cause the following types of accidents due to their lack of concentration, slow reflexes, and lack of awareness:

  • Rear-end accidents. These crashes happen because tired drivers fail to recognize how close they are to the cars in front of them and fail to apply their brakes on time.
  • Lane-changing accidents. Tired drivers are more likely to veer into other lanes or use poor judgment when passing or merging.
  • Speeding accidents. Tired drivers often fail to look to see how fast they are going.
  • Truck cargo accidents. These accidents happen because the drivers fail to recognize and adjust to moving cargo.
  • All other types of truck accidents, including head-on crashes, broadsides, intersection accidents, blind spot collisions, and other types of crashes.

Who is responsible for when a tired truck driver causes an accident in Nashville?

Our Nashville truck driver fatigue lawyers file personal injury and wrongful death claims against all responsible parties. The defendants may include:

  • The truck driver for failing to monitor their fatigue and get off the road when they became tired.
  • Employers for failing to educate their drivers about the dangers of driver fatigue, monitoring their driver’s hours, overworking their employees, and because employers are generally liable for any negligence of their employees.
  • The owners of trucks, if different from the driver, may be liable for the negligence of their drivers.
  • Any companies involved in the shipment who unreasonably pressure their drivers to drive longer hours.

Do you have a Nashville truck driver fatigue accident lawyer near me?

Rocky McElhaney Law Firm meets clients at our two offices in Nashville: 545 Mainstream Dr., Suite 105 and 615 Main Street, B21. If your injuries prevent you from coming to our offices, we can make home and hospital visits. Our lawyers also communicate with personal injury victims and families by phone and through video consultations.

Our Nashville truck accident attorneys are ready to answer your questions and explain your rights. We are here to guide you through each phase of your truck accident claim.

Call our experienced Nashville truck driver fatigue accident lawyers now

If a truck driver causes an accident because they are tired, Rocky McElhaney Law Firm is ready to fight for all the compensation you deserve. We have more than 25 years of experience and are the recipients of numerous legal honors for our advocacy skills. We can fight for the payment of all your medical bills, your income losses, your pain and suffering, and all your other financial and personal damages. Call us or complete our contact form to schedule a free consultation.

We serve clients in Nashville, East Nashville, Hendersonville, Clarksville, and Murfreesboro.

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Answer 9

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Answer 10

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Answer 11

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Answer 12

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Answer 13

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Nashville Location
545 Mainstream Dr #105
Nashville, TN

East Nashville Location
615 Main St., B21
Nashville, TN

Hendersonville Location
475 Saundersville Rd.
Hendersonville, TN

Clarksville Location
2197 Madison Street, Suite 103
Clarksville, TN

CLOSING

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