Have you or someone you love been a victim of a truck driver fatigue accident? Have you suffered injuries, mounting medical expenses, and lost wages as a result of being unable to work? More often than not, these truck accidents are caused by companies pushing truck drivers beyond their limits. Those same companies will go through a lot of trouble to make sure you settle for less than what you deserve.
Don’t settle for less. The trucking companies’ numerous lawyers and insurance agents will do everything in their power to minimize the compensation they owe you for your injuries and losses. An experienced truck accident lawyer can make sure you receive the maximum compensation you’re owed for your suffering, or the loss of a loved one.
We at OnderLaw, LLC understand what you’re going through, and we have the resources to help you get your life back on track. If you’ve been a victim of a truck driver fatigue accident, call our St. Louis attorneys now at (314) 963-9000 for a free consultation.
Why You Need a Lawyer
Trucking companies know exactly what they’re doing when it comes to vehicle accidents. They’ll have a team of lawyers on the scene immediately, probably before anyone that’s been injured can get to a hospital. They like to work as fast as possible to assess the problem before anyone else, so they can offer you a settlement that’s worth a fraction of what you’re owed.
For you, this is a time of pain, grief, and stress. The last thing you need is trucking companies’ insurance agents bombarding you with calls, urging you to settle quickly. They implement this tactic so that you’ll settle before a lawyer can intervene.
Instead of settling for a low offer, enlist the help of an attorney that will work in your best interest. OnderLaw, LLC will handle everything for you, including identifying all possible liable parties, fully investigating your accident to build a strong case on your behalf, hiring relevant expert witnesses, if needed, to support your case, and negotiating firmly on your behalf with the insurance company. And if the insurance company won’t pay what they owe, our attorneys will take the case to court.
We know the law inside and out and we’ll work hard to get you the best possible outcome. We won’t settle for less than you deserve.
Why Choose OnderLaw, LLC
There are a lot of lawyers in the St. Louis area, but we at OnderLaw, LLC stand out above the rest.
Our largest verdict so far resulted in a $110 million settlement against Johnson & Johnson for product liability. Our largest personal injury and automobile collision settlement was $22.5 million to give justice back to a mother and her newborn son. We have the resources and the drive to get you what you’re owed.
We’ve also been recognized by Super Lawyers, Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, and hold the highest peer review rating from Martindale-Hubbell. We have the credentials, experience, and results to prove that we can handle your case right.
Studies on Driver Fatigue
Drowsy driving is a serious but common problem in the United States. Multiple organizations have done studies to prove statistics regarding driver fatigue and how dangerous it can be. There is no excuse for any trucking company to ignore the risks of fatigued driving.
According to the Centers of Disease Control and Prevention, there were about 72,000 vehicle accidents in 2013 due to drowsy driving. However, the CDC thinks this is an underestimate and that there are roughly 6,000 fatal accidents every year due to driver fatigue.
In this same survey, they found that 4% of their 150,000 participants had admitted to falling asleep while driving within 30 days before the study.
Current FMCSA Guidelines
The Federal Motor Carrier Safety Administration has also taken driver fatigue seriously. In their own study, they found that 13% of commercial vehicle drivers were drowsy at the time of an accident.
That’s why the FMCSA put forth the following guidelines for trucking companies:
- After eight hours of off-duty time, a driver is allowed 10 hours of driving within the 15 hours of on-duty time.
- Commercial drivers cannot continue working after the 15th on-duty hour or after 60 on-duty hours over seven days.
- Some drivers are allowed to work 11 hours after 10 hours off-duty.
- The cycle may restart after a driver has taken 34 hours of off-duty time.
The FMCSA predicts that these guidelines can prevent over 1,300 drowsy driving-related vehicle accidents a year if followed correctly. Sadly, many trucking companies ignore them.
Holding the Companies Liable
There is more than enough evidence to prove that driver fatigue is extremely dangerous and entirely preventable. If a company is not closely following the FMCSA’s guidelines and enforcing them with their employees, they can be held liable for any accidents that occur as a result.
Unfortunately, many trucking companies often disregard the guidelines. Rather than trying to keep their drivers as safe as possible, they push them to work long hours to keep deliveries moving to maximize their profits. The results of these greedy actions could change someone’s life forever, as they’re well aware.
At OnderLaw, LLC, we have a detailed understanding of truck driving guidelines and laws, and we’ll conduct an investigation to determine exactly how the truck driver and their trucking company violated those laws. We’ll work hard to ensure you recoup all your losses, so you can move forward with your life.
Frequently Asked Questions
A truck driver fatigue accident can understandably leave you with many questions. We’re here to answer every question you have. We believe that you should have as much knowledge about your case as possible, and if you’re question isn’t answered here, call us with your questions at (314) 963-9000.
Here are a few questions many of our clients ask:
How do I know if I have a case?
If you’ve been injured in a motor vehicle accident due to someone else’s negligence, you likely have a case. However, only 10% of people injured due to someone else’s negligence try filing a claim. We at OnderLaw, LLC offer a free consultation to review your questions and help you determine if you have a case.
How much is my case worth?
Every case is different, and the amount of compensation you’re entitled to will depend on the specific circumstances of your case, such as the extent of your injuries, your out-of-pocket expenses, your lost wages, and other losses.
Generally, you are entitled to compensation for economic damages and non-economic damages. Economic damages are monetary, tangible losses you incurred as a result of the accident. Examples of economic losses include:
- Medical bills
- Cost of future medical care
- Cost for rehabilitation
- Loss of earnings
- Loss of future earnings
- Travel expenses
Non-economic damages are intangible losses you suffered, suffered as pain and suffering. Examples of non-economic damages include:
- Pain and suffering
- Mental anguish
- Post-traumatic stress disorder
Your attorney will take all of this into consideration when determining the total compensation you’re owed. If you were injured due to a truck driver’s fatigue, you could be eligible for substantial compensation. We can answer your questions about compensation at our free consultation.
How long do I have to file a claim?
Every state has a statute of limitations for filing certain types of lawsuits. A statute of limitations is the time limit you have to initiate legal proceedings from the date of the offense, or accident in this case. In Missouri, the statute of limitations for truck accident cases is five years. The deadline is strict. Once the statute of limitations passes, the court will likely dismiss your case if you try to file.
However, the insurance companies aren’t going to wait five years. You may still be in the hospital when they begin calling you to urge you to settle for less than what you deserve. The sooner you get a lawyer and start your case, the sooner we can gather evidence, and build a strong case for you.
Who is liable: the driver or the company?
Truck accidents are complex and there are often multiple parties that may be held accountable for the accident. Since the driver’s fatigue caused the accident, you might think that only the truck driver was responsible. However, truck drivers are put under immense pressure to meet deadlines. An investigation may reveal that the truck driver was pressured by the trucking company to exceed the limits of federal regulations. In this case, both the driver and the trucking company may be held responsible for the accident.
Why do some trucking companies not follow safety guidelines?
The main reason trucking companies ignore the FMCSA’s rules is to meet strict delivery deadlines and maximize profits. However, some trucking companies simply disagree with them. For example, some trucking companies believe that:
- Flexibility makes for better drivers. Some trucking companies believe that they shouldn’t tell their employees when to sleep, so they don’t provide timetables at all. The plus side allows for truckers to make their own flexible hours. The downside is that no one in the company who makes the deadlines is ensuring there’s enough time for their employees to rest.
- The guidelines are an overreaction. Some other trucking companies think that the cases and evidence against driver fatigue have been blown out of proportion. They claim that driver fatigue isn’t a cause for so much concern, so they simply choose not to obey these safety protocols.
If you are a victim of a truck accident involving a drowsy driver, then you’re well aware of how important these safety guidelines are. There is no reason to not obey these simple rules, especially if it means that even a single life can be saved.
Have you or a loved one been a victim of a truck accident involving a tired driver? Have you been offered less than what you’re owed by the insurance companies? Are you losing money from medical bills, lost wages, and other problems involving this accident? Chances are, you may have a case.
Call OnderLaw, LLC today to schedule a free consultation. Our compassionate and understanding St. Louis truck accident team will work with you to make sure you get the compensation you deserve. Don’t let these big companies get away with these dangerous practices. Get exactly what you’re owed by holding them accountable for the damage they’ve caused.
Call OnderLaw, LLC now at (314) 963-9000 so we can meet with you as soon as possible.