Why hire our drowsy/fatigued truck driver accident lawyer in Reno?
Leverty & Associates Law offers legal assistance and supports clients who need it. Our team of attorneys is highly skilled and knowledgeable in legal cases involving drowsy/fatigued truck drivers. We have over four decades of combined experience, so your case is not the first we’ve handled.
We will use our skills and expertise to get justice and hold the responsible party liable.
We will make your case our priority. Our attorneys will ensure you get the legal help and support you need, advocate for you, and fight for fair compensation. Contact us at (775) 322-6636; we offer free consultations.
Common causes of fatigue in commercial truck drivers
According to the National Sleep Foundation, 6,400 people die yearly as a result of accidents caused by fatigued or drowsy drivers. Some of the most common causes of fatigue in truck drivers include:
- Irregular work schedules and long hours: Truck drivers often work early mornings, nights, weekends, and holidays to meet delivery schedules. Working longer than 11 hours can lead to drowsiness and impaired driving.
- Inadequate rest: Not getting enough restorative sleep between shifts can accumulate sleep debt and make it difficult to stay awake. Most adults need 7-9 hours of sleep daily to feel well-rested.
- Sleep disorders: Conditions like sleep apnea, insomnia, and restless leg syndrome can disrupt sleep and cause excessive daytime sleepiness.
- Poor diet: Eating large, heavy meals, excess sugar, and caffeine can spike and crash your energy levels, making it hard to stay alert.
- Lack of physical activity: Driving for long periods in a confined space can cause fatigue. Make an effort to walk, stretch, or exercise when possible to increase alertness and circulation.
Liability in Reno truck accidents involving drowsy/fatigued truck drivers
Under Nevada law, trucking companies, and their drivers can be liable for damages in drowsy driving accidents.
Driver negligence
Truck drivers have a legal duty to operate their vehicles safely. Driving while extremely tired or falling asleep at the wheel constitutes negligence. The trucking company may also be negligent if it fails to screen, hire, train, or supervise the driver correctly.
Company liability
Trucking companies must comply with federal regulations that limit driver hours of service to prevent drowsy driving. Exceeding these limits or pressuring drivers to do so makes the company liable for any resulting accidents. They can also be liable under the legal doctrine of vicarious liability, where employers are responsible for employees’ negligent acts.
Shared fault
In some cases, another driver or entity may share fault for the accident. For example, if another motorist crashes into the truck, causing the driver to lose control, some liability may lie with the other driver. The trucking company’s insurance provider will likely argue for shared fault to reduce the amount of compensation. An experienced truck accident attorney can help prove shared fault after a trucking accident.
Damages
If the trucking company or driver is found liable, you may recover damages for:
- Medical bills, both current and future
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Wrongful death (in the event of a fatality).
You don’t have to go through your case alone. Our attorneys will protect your rights and represent your interests.
Seeking compensation for injuries from a drowsy truck driving accident
To pursue a personal injury claim, it is in your best interest to contact our experienced attorneys as soon as possible. Our lawyers will do the following:
Gather evidence
Our attorney will thoroughly investigate the crash by collecting police reports, photographs, witness statements, and footage from traffic cameras or dashcams. They will analyze details like how long the truck driver had been on the road, whether they were adhering to hours-of-service regulations, whether any signs of drowsiness were reported before the collision, and whether the trucking company correctly screened the driver.
File a lawsuit
With evidence, our lawyers can determine who is liable for your injuries and file a lawsuit against the appropriate parties, such as the drowsy driver, trucking company, vehicle manufacturer, or another third party. Lawsuits must be filed before the statute of limitations expires in Nevada, which is two years for personal injury claims.
Seek compensation
If the lawsuit is successful, you may recover compensation for medical bills, lost wages, pain and suffering, property damage, and other accident-related expenses. Our attorney will negotiate with insurance companies to reach a fair settlement or take the case to court if needed.
Reno drowsy/fatigued truck driver accidents FAQs
The following are answers to questions frequently asked by our clients:
Are commercial drivers subject to different rules regarding fatigued driving accidents in Nevada?
Yes, commercial drivers, such as truck drivers, are subject to different regulations regarding fatigued driving. The Federal Motor Carrier Safety Administration (FMCSA) sets specific hours-of-service regulations that dictate the maximum amount of time a commercial driver can spend on the road before taking mandatory rest breaks. Violation of these regulations can be evidence of negligence in a fatigued driving accident claim.
How can I prove that the driver who caused the accident was fatigued?
Proving fatigue as the cause of an accident can be challenging. However, certain pieces of evidence, such as eyewitness testimonies, police reports, driver logs, surveillance footage, and expert opinions, can help establish a claim.
How long do I have to file a drowsy driving truck accident claim?
In Nevada, the statute of limitations for personal injury claims is two years from the accident date. Thus, you have two years to file a lawsuit against the at-fault parties to recover compensation for your damages. You may lose your right to pursue a claim if you miss this deadline.
Can I handle a truck accident claim involving drowsy driving without hiring a lawyer?
While pursuing a truck accident claim without a lawyer is possible, it’s not recommended, especially in cases involving drowsy driving. Truck accident claims can be complex, and insurance companies may try to minimize compensation. Our experienced truck accident lawyer can provide valuable guidance and representation to help you navigate the legal process and achieve the best possible outcome.
How our Reno truck accident lawyers can help you
Trucking companies are responsible for the actions of their drivers, and in cases of negligence like drowsy or fatigued driving, they should be held liable. You stand a better chance of winning with an excellent team of attorneys.
At Leverty & Associates Law, we understand how overwhelming it is to go against these responsible parties and their insurance companies. You don’t have to face them yourself; we can fight for you. We have a team of lawyers who are professionals in drowsy/fatigued truck driver cases.
Our attorneys also have a background in insurance law, which means we know insurance policy standards. We will explain all you need to know and guide you in making decisions that are in your interest.
Attorney Patrick Leverty
With his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]
