In the United States, truck drivers are required to take breaks from driving when they are tired. Their employers must make sure that their drivers get adequate rest and do not fall asleep behind the wheel.
However, truckers can ignore these rules and put themselves at risk of causing an accident. When this happens, both the driver and his or her employer may be held liable for any injuries caused by their negligence—even if they were specifically told not to drive while drowsy.
In this article, we take a look at accidents caused by drowsy truck drivers and look at the legal aspect concerning the accidents. Stay with us for more.
Gross Negligence Cases
If the truck driver was intoxicated at the time of the accident, then falling asleep is considered gross negligence. This is because it’s an extreme deviation from what would be considered ordinary care and thus falls under a higher standard of criminal liability called gross negligence.
A truck driver falling asleep behind their rig wheel will face criminal charges, such as vehicular homicide and manslaughter. If a driver was intoxicated at the time of the accident, then falling asleep is considered gross negligence.
If you or someone you know has been injured in an accident caused by a fatigued truck driver, contact an attorney immediately to discuss your options for seeking compensation for medical expenses and other damages.
Gross negligence can be easy to prove when it comes to trucking accidents because an expert witness can easily show that drowsiness was present at the time of the crash.
If you were injured in an accident with a trucker who was sleeping at the wheel, it’s likely that you would be able to prove gross negligence. This can be done by presenting evidence that shows:
- The driver was drowsy at the time of the crash
- The company knew or should have known about this fact and failed to take any action to prevent it from happening again
If you were injured by a truck driver who was sleeping at the wheel and the company that owns the truck is found negligent, they may be held liable for damages. In order to hold them responsible, you must prove that they knew their driver was tired and did nothing about it.
If your attorney can prove that this happened, he or she will be able to negotiate on your behalf for compensation from them in exchange for dropping any legal action against them.
You should contact an experienced personal injury lawyer to discuss your options. A good lawyer will know how to proceed and can help guide you through this process. They may also have experience with similar cases in the past so they can give you an idea of what kind of compensation might be available to you.
The Bourassa Law Group has extensive experience in dealing with truck accidents in Nevada. Don’t wait—seek legal help today! So, call us at (800)870-8910 for a free consultation to learn about our legal services, and let us help you get the compensation you deserve.
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