Houston Truck Driver Fatigue Lawyer

Helping Those Injured By Fatigued Truckers in Houston, TX

Truck driver fatigue is a serious issue that can lead to catastrophic truck accidents. Due to the sheer size and weight of 18-wheelers and semi-trucks, these crashes often result in severe injuries and wrongful death. If you or someone you love was involved in a truck accident, and you suspect the truck driver was fatigued, reach out to the Law Offices of Omar Khawaja.

Our team has extensive experience handling truck accident cases, and we know how to prove negligence. We are prepared to thoroughly investigate your case, gather evidence, and build a compelling claim on your behalf.

Trucking companies and their insurers are known to fight aggressively against personal injury claims. You need a lawyer who will fight back just as aggressively. Our firm is passionate about helping the injured, and we are not afraid to take on large trucking companies and their insurers.

To schedule a free consultation with an experienced truck driver fatigue lawyer, call us at (713) 561-5454 or online today.

Hours of Service Regulations

Due to the dangers of truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has strict hours of service regulations in place. These regulations dictate how many hours a truck driver can work in a given day and week and how many hours of rest they must take.

The current hours of service regulations are as follows:

• Truck drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
• Truck drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
• Truck drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
• Truck drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

How to Prove Truck Driver Fatigue

Truck driver fatigue can be difficult to prove, especially if the truck driver does not admit to being tired. However, an experienced truck driver fatigue lawyer can help. At the Law Offices of Omar Khawaja, we know how to investigate truck accidents and gather evidence of driver fatigue.

Some of the most common types of evidence we use to prove truck driver fatigue include:

• Truck driver logs: Truck drivers are required to keep logs of their hours of service. These logs can be used to determine if the truck driver was in violation of the hours of service regulations at the time of the crash.
• Truck driver cell phone records: If the truck driver was on the phone or texting at the time of the crash, this can be used to establish that the driver was distracted and potentially fatigued.
• Truck driver employment history: If the truck driver has a history of hours of service violations, this can be used to establish that they were likely fatigued at the time of the crash.
• Truck driver medical history: If the truck driver has a condition that would make them more prone to becoming fatigued, this can be used to establish that they were fatigued at the time of the crash. For example, if the driver has sleep apnea, this could be used to prove they were fatigued.
• Black box data: Many commercial trucks are equipped with black boxes, which record various types of data, including speed, braking, and hours of service. This data can be used to prove that the truck driver was fatigued at the time of the crash.
• Witness statements: If there were any witnesses to the crash, they can be interviewed to determine if the truck driver appeared to be fatigued at the time of the crash.

Proving truck driver fatigue can be challenging, but it is not impossible. At the Law Offices of Omar Khawaja, we have a track record of success in truck accident cases, and we know how to hold fatigued truck drivers and their employers accountable.