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San Jose truck accident attorneyDriving an 18-wheeler truck or tractor-trailer is not an easy job. Often, drivers are expected to drive hundreds of miles a day and deal with stresses like traffic congestion, detours, and other slowdowns which make their days even longer. Unfortunately, this leads to many drivers being chronically exhausted and sleep-deprived. Some truck drivers end up taking stimulants just to stay awake and drive. If you were injured or a loved one was killed in an accident involving a fatigued or otherwise incapacitated truck driver, you may be able to get financial compensation for your losses.

Studies Show Truck Driver Fatigue is a Major Factor in Truck Accidents

In a study conducted by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), it was found that approximately 13 percent of serious crashes involving large trucks are caused by driver fatigue. Other factors which contributed to serious truck accidents include driver drug use, including both legal and illegal drugs, inattention to the road, and driver illness. Truck drivers are often operating vehicles that can weigh as much as 80,000 pounds. A vehicle of this size can do cause colossal damage during a crash.

Truck Drivers Must Follow Certain Rules Regarding Sleep and Rest

Because sleepy truck drivers are such a threat to motorists’ safety, there are certain state and federal regulations which dictate how many hours truck drivers can drive in a given time period. The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to take regular breaks to rest. A driver who is not following these federal guidelines may be considered negligent and liable for damages caused by an accident. Truck drivers must record the hours that they drove and when they rested in a log book. These log books are often crucial pieces of evidence during in a personal injury lawsuit against a truck driver or trucking company.

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San Jose truck accidents, San Jose, CA truck accident attorneyMassive 18-wheeled big rigs dominate our nation's roadways. These overpowering vehicles drive our nation’s economy while also overpowering all other vehicles on the main highways and city streets. The sheer size and momentum brought forth by these vehicles makes them an intimidating force when traveling next to a non-commercial vehicle. Additionally, in certain cases, truck drivers leave a devastating wake behind them full of destruction and heartache for those unfortunate enough to cross their paths. Even with a recent decline in fatalities due to truck accidents, far too many families suffer at the hands of drivers who negligently operate their machinery.

Statistics

Due to ongoing investigations from two previous years, the most up-to-date and conclusive information available is 2014. Fatality Analysis Reporting System (FARS) only began in 1975, making most of the information available relatively new, but still useful in witnessing trends. Some of the most alarming statistics from recent years include the following:

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San Jose, CA truck accident attorney, truck collisionWhen a family member passes away unexpectedly due to the negligence of a truck driver, your life is turned upside down. Commercial drivers owe a duty to their families, as well as to the community and other drivers on the road, to drive with caution. Yet many truck drivers face impossible deadlines imposed by companies trying to increase revenue.

Although restrictions have been placed by lawmakers to decrease truck accident fatalities, truck drivers may still cut corners with the approval of their employers. Yet who is responsible for the death of your loved one in these cases?

Unexpected Bills

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b2ap3_thumbnail_tired-truckers-truck-driver-fatigue-San-Jose.jpgLack of adequate sleep is believed to be a predominate factor in many of the problems that ail our society today, not the least of which are the associated medical concerns. Studies show that only 65 percent of Americans regularly get the recommended seven hours of sleep at night. Hence, a significant portion of the population suffers from the effects during their daily routines.

Most individuals feel that a lack of sleep is a personal concern and should not be regulated. Yet what happens when fatigue leads to an accident that takes someone else’s life? As truckers spend a significant portion of their time on the roadways, it is imperative that these drivers get adequate sleep to ensure the safety of those around them.

It is Not Just Good Sense, it is the Law

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commercial trucks, big rigs, San Jose truck crash lawyerThere is an epidemic going on in the United States that to this day remains a serious problem. Everyday, on average 11 accidents involving commercial trucks result in fatalities. Additionally, over 100,000 people are injured in the same type of accidents per year. If you apply the same numbers to a different industry, it would be like a commuter jet crashing every week. With the potential for these accidents being so high, the need for legal counsel is also rising. What should you expect from truck accidents with regards to legal action?

Reasons for Concern 

Commercial trucks are seen on almost every road and every highway, and, every day, truck driving schools have a new graduating class full of fresh, newly-trained drivers that will be on the road shortly. Commercial trucks are responsible for transporting a large portion the goods that we purchase, from gas and oil all the way to moving homes. These vehicles have deadlines and agendas that they have to follow, as well as regulations that mandate everything they do. In most cases, they are highly-trained and skilled professionals, but accidents are not planned and can happen to anyone. There are number of factors that contribute to these accidents being so much more devastating and potentially dangerous, including:

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

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John J. Garvey, III
10 Almaden Blvd, #1200
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

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