How is truck driver fatigue established?
The driver may admit to police or witnesses that he is fatigued. Such statements may be reflected in the Traffic Crash Report completed by police at the scene. A driver may also make a similar statement to the dispatcher. A driver may appear fatigued when observed by police or other witnesses. Review of the truck driver’s log may also be useful in establishing the amount of time on the roadway and to assess the likelihood of fatigue. Motor Carrier Safety Regulations regulate the permitted hours of service and require the driver to keep a log of their “duty status”. A wide range of sources must be analyzed to determine whether driver fatigue is a factor in causing an accident. It is important that you involve a lawyer in this process to speak with the witnesses to the collision, review the driver’s log, obtain records associated with the maintenance of the vehicle, review the materials associated with the hiring of the driver and evaluate the potential avenues of recovery that are avail
