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Truck driver fatigue is a substantial factor behind the many car accidents on the road; in fact, truck driver fatigue accounts for more fatal traffic accidents than does either alcohol or drugs. If you or a loved one has been injured due to an accident stemming from truck driver fatigue, seek an experienced Michigan truck accident lawyer in order to get properly compensated for your damages.

Commercial truck drivers face arduous hours of work: driving back and forth across the country, often with strict deadlines to meet and profit-driven employers to be held accountable to, they rarely have time to rest. As a result, it is common to see sleep-deprived truck drivers fall asleep at the wheel, veer off the road, speed, or engage in other forms of reckless driving. The Federal Motor Carrier Safety Administration (FMCSA) reports that each year, there are over 20,000 injuries and 750 deaths on the road because of truck driver fatigue. According to FMCSA, the risk of a traffic accident doubles from the eighth to tenth consecutive hour of driving alone. This statistic doubles yet again from the tenth to eleventh hour of driving. .

In order to address these concerns and reduce truck injuries and fatalities, FMCSA instituted the Hours-of-Service regulations, which limit the amount of time and the manner in which commercial truck drivers may drive on the road. Among those regulations: truck drivers may only drive a maximum of 11 hours after 10 consecutive hours off duty (or a maximum of 10 hours after 8 consecutive hours off duty if there are passengers in the truck). Violations will result in heavy civil penalties. New changes in the December 2011 revision of the rules include a mandatory 30-minute rest break at least every 8 hours or less on the road and limitations on minimum "34-hour restarts."

In addition, truck drivers must document their compliance with trucking regulations by keeping logs or records of expenses.

If you or a loved one has been injured in a trucking accident, get the legal advice and representation of a caring and dedicated Michigan truck accident lawyer who will fight to get you the compensation you deserve. Contact experienced Michigan truck accident lawyer Chris Trainor today to schedule a free initial consultation.

 

If you've been injured in a truck accident, you will need to pursue a personal injury claim in order to get compensated for the medical bills you incurred and the wages you lost as a result of the accident. A discussion with a knowledgeable Michigan truck accident attorney, however, will reveal that the truck driver himself may not be the only one who may be liable for the accident; in fact, the employer or owner of the truck driver may be liable, as well, through the legal doctrines of respondeat superior or negligence.

The factors leading to a truck accident can vary: the truck driver may have been sleep-deprived because of the grueling demands of driving on the road for many consecutive hours; the employer could have imposed unreasonable delivery schedules on its drivers; the truck could have been overloaded; or there may have been a manufacturing defect with the truck.

Sometimes, the employer is directly responsible for the truck accident because he or she was negligent in hiring or supervising the truck driver employee or in complying with safety standards. The employer should investigate the employee's driving history, ensure that the employee has a commercial driver's license, and perhaps even conduct drug tests. An employer should also take precautions to properly supervise the employee and institute policies in compliance with safety laws and regulations. Absent the exercise of these obligations, a truck owner or employer may be held liable for negligence in the event of a truck accident.

Another way the employer may be held liable is through the doctrine of respondeat superior. Under this legal theory, an employer will be held responsible for the negligent acts or omissions of its employees if the employees were working in their work capacity when the accident occurred. Thus, if the trucking accident occurred while the driver was making scheduled deliveries, the employer will be on the hook for any damages stemming from the accident.

Keep in mind, however, that if the truck driver was veering away from his work duties and was using the truck for his own personal purposes, the employer will not be held liable for any accident that occurred while the driver was deviating from his work duties. (This is called a �frolic.�)

If you�ve been injured in a truck accident, you should explore your legal options with a qualified Michigan truck accident attorney. Do not hesitate to contact experienced Michigan truck accident attorney Chris Trainor for a free initial consultation.

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