No Fee Guarantee
EspanolSí, Hablo Español

Proving a Truck Driver was Fatigued During an Accident

Fatigued Truck Driver Accident Attorney Indianapolis

Written by Bill Hurst

If you’ve been involved in an accident with a truck driver who you believe was fatigued, you may need to prove that fatigue in court as part of any lawsuit. How do you prove that the truck driver who struck you was fatigued? While establishing fatigue can be complex and difficult, there are several steps that you can take to increase your odds of success. Below we discuss ways to determine how many hours a truck driver slept prior to any accident, which is an important element of proving fatigue.

Step One: Check the Logbook

One of the most effective ways to determine how many hours a driver has been on the road is to check the driver’s logbook: the book that all truck drivers carry with them indicating the number of hours they’ve been on the road. The logbook determines the driver’s pay for many companies, making it a critical document for truck drivers. Important questions to ask include: How many hours did a driver log prior to an accident? When did the driver start driving for the day? Drivers have a set number of hours per day that they are permitted to drive, depending on company policies and state laws. However, in many cases, drivers will push beyond those limits in an attempt to log extra miles.

Step Two: Check Delivery Information

Did a truck driver involved in an accident make several deliveries throughout the day, leading up to the accident? Scheduled deliveries are often stamped with times and dates. Checking delivery information is one of the most effective ways to understand where a driver has been, and whether they’ve been on the road for a significant amount of time. Gas receipts, toll receipts, and other key receipts can also provide important information regarding where a driver has been, and how that correlates to the number of hours he or she may have been on the road.

Step Three: Work With Your Lawyer

Remember that establishing driver fatigue in court can prove difficult. Generally, your lawyer will be able to explain the process of proving fatigue, and assess the potential for success in your case. While every truck driver keeps a logbook, a driver involved in an accident may attempt to hide, destroy, or alter the logbook in an effort to disprove fatigue. For this reason, it is critical that you contact an experienced personal injury attorney to help you navigate the complex legal framework surrounding truck accidents, and to protect your rights.

If you or a loved one has been involved in a truck accident, whether you know that the driver was fatigued or you’re just concerned that fatigue may have played a role in the accident, it’s important that you have the right legal representation. Contact the Law Office of William W. Hurst today at (317) 636-0808, or online, to learn more about how driver fatigue can impact your accident case, and what damages you may be able to claim as a result of your accident. We’re here to help you recover the full cost of your injuries.

 

Contact Us For a Free Consultation Fill out the form below to receive a free and confidential initial consultation.

FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney