Proving Fatigue as a Truck Accident Cause
Fatigue is a serious cause of truck accidents. A fatigued truck driver is likely to experience lapses in concentration, poor judgment, and slow reaction times. All of these can lead to accidents. As a victim of such an accident, you might need to prove fatigue as the accident's cause. Below are some forms of evidence you can use for your proof.
Driver Admissions
If you are lucky, you might be able to prove the driver's fatigue via their admissions. Aiming for direct admissions might be asking for too much. However, your lawyer might be able to get indirect admissions that they can use to show fatigue. Consider a truck driver who admits that:
- They partied for hours before going to work
- They had driven for longer than usual
- They were struggling to adapt to a new shift
The more of these admissions you get, the easier it might be to prove fatigue.
Eyewitness Testimony
Eyewitness testimony is one of the strongest forms of evidence in auto accident cases. Eyewitnesses cannot see fatigue, but they can see signs and symptoms of fatigue. Maybe the eyewitnesses saw the driver:
- Yawning
- Rubbing their eyes
- Having bloodshot eyes
Ensure your witnesses are credible so that the judge or jury can believe them.
Video or Camera Footage
Video or camera footage can be believable even more than eyewitness testimony. You might just need to prove that no one has edited or tampered with the footage. Examples of footage that might prove valuable include:
- Footage showing the driver yawning behind the wheel
- Footage showing the driver nodding off
- Footage showing the driver's erratic driving
- Footage showing lack of skid marks at the accident scene
You can get footage from different sources, such as dashboard cameras, traffic cameras, and security cameras, among others.
Driver's Medical History
Some people have medical issues that increase their risk of fatigued driving. Examples of such medical issues include:
- Anemia
- Cancer
- Diabetes
- Obesity
- Stress
Drivers with such health issues are more likely to be fatigued despite having adequate sleep time. Some drugs also cause fatigue as side effects. You may get such information by reviewing the driver's medical history.
Truck's Black Box Data
Commercial trucks have event data recorders (EDRs), or black boxes, that record vital driving data. Black boxes may record a truck's:
- Acceleration
- Braking
- Driving time
- Idle time
- Speed
Again, you can review and interpret the information to show fatigue. For example, a crash without any attempt at braking shows that the driver was probably drowsy or absent-minded. A lengthy driving time can also show fatigue, especially if you can prove that the same driver was behind the wheel all that time.
Driver's Work Documents
The more you drive, the more you are likely to get tired. Truck drivers must record their hours of service to ensure they don't exceed the federal limits. Get hold of these documents and find out how long the drier was driving before the accident. Some trucking companies allow their drivers to exceed the legal hours of service. Get the company's records and prove its patterns of breaking the law.
Driver's Social Media Posts
Lastly, you should also scour the defendant's social media posts for evidence. For example, postings of pre-driving or pre-accident activities might show that the driver was fatigued before getting behind the wheel. Post-accident postings might reveal the driver's admissions of guilt or liability if you are lucky.
Note that what you can prove matters more than what you know when pursuing a truck accident claim. Wegner & Associates can help you gather the necessary evidence and prove your truck accident case. Contact us for a consultation to benefit from our skills and decades of experience.