Drowsy Driving and Rhode Island Truck Accident Claims

Drowsy driving is both common and deadly. Nationally, drowsy drivers are involved in more than 100,000 accidents every year, though the true toll may be unknown. The problem may be underreported or go unnoticed following a crash.

Among truckers, long workdays, night driving, and tight delivery windows make fatigue a persistent risk. This is why federal law strictly limits driving hours and requires electronic logging devices (ELD) on most rigs. However, even with these regulations, around 65% of truckers admit to driving while sleepy.

If you have been harmed in a crash with a drowsy truck driver, proving fatigue played a role can help to strengthen your claim. The Providence truck crash lawyers at Mandell, Boisclair & Mandell are here to investigate your accident, uncover all contributing factors, and help you secure maximum compensation for your injuries.

How Can a Truck Crash Lawyer Prove a Trucker Was Drowsy?

Barring an “I was sleepy” admission, proving that fatigue played a role in a truck accident requires analyzing available evidence. This may include:

• Hours of Service (HOS) and ELD Data
• Telematics and Engine Control Module (ECM) Downloads
• Video and Eyewitness Statements
• Medical and Sleep History Information
• Evidence of Company Pressure

Your truck crash attorney will need to move quickly to secure evidence before it disappears, making swift action after an accident very important. Carrier companies are only required to keep ELD and Records of Duty Status (RODS) for six months.

Reach Out to a Providence Truck Crash Lawyer for FREE

Have you been injured in a truck accident? Call Mandell, Boisclair & Mandell at 401-273-8330 to schedule a FREE and confidential consultation with a Providence truck crash attorney today. We help victims of truck accidents throughout Rhode Island and nearby areas of Massachusetts pursue justice.

Is It Illegal for a Trucker to Drive While Drowsy?

It is illegal for a truck driver to operate their rig while sleepy, but enforcement can be complicated. Unless a driver is exhibiting signs of fatigue, such as inconsistent speed, drifting into adjacent lanes, or erratic steering, it can be difficult to tell if they are battling sleep.

In an attempt to preempt drowsy driving among truck drivers, the Federal Motor Carrier Safety Administration has established HOS Rules, which include:

• 11 hours max driving after 10 consecutive hours off duty
• 14-hour on-duty window with driving capped at 11 hours within that window
• 30-minute break after 8 hours of driving
• 60/70-hour limits in 7/8 straight days with a mandatory 34-hour break after

If a truck driver who caused a crash is found to have violated these regulations, their negligence can help to support your claim.

In addition to HOS regulations, federal trucking law covers:

• ELD Use. Most interstate truckers must use ELDs to record duty status automatically.
• Anti-Coercion. It’s illegal for carriers, shippers, receivers, or brokers to coerce truck drivers into violating safety regulations or driving while fatigued.

Much like HOS violations, if it can be shown that a trucker or an involved third party broke the law, your truck crash injury claim may be strengthened.

What Is an Unrealistic Schedule?

If a dispatch plan can’t be met without cutting rest or speeding, it could be an unrealistic scheduling issue. When internal messages, route modeling, and timestamps show the only way to make a delivery on time was to break HOS regulations or skip genuine sleep, the trucking company or another party may be guilty of forcing an unrealistic schedule on a driver, thereby contributing to the crash. 

The Providence truck crash lawyers at Mandell, Boisclair & Mandell have decades of experience investigating these cases for legal violations and other signs of negligence. Dedicated to pursuing justice for victims of serious truck accident injuries, we have been holding individual truckers, trucking companies, and others involved in commercial freight operations accountable for their negligence for years. If you have been hurt or a loved one has been killed in a truck accident, we are here to stand by your side and help you pursue every penny you are owed.

Who Can Be Held Liable for a Truck Crash Involving a Drowsy Trucker?

Depending on the circumstances behind the fatigue, there are a few different parties that may share responsibility for a truck accident. These include:

• The motor carrier, for negligent scheduling, poor supervision, weak fatigue policies, or pressured dispatch.
• Shippers/receivers/brokers, if communications or contract terms pushed an unworkable timetable that encouraged violations.
• Maintenance contractors and parts manufacturers, if vehicle defects or negligent service contributed to the wreck.
• Other motorists, for unsafe practices that increase risks for truckers, regardless of their level of fatigue.

In order to seek full compensation, every liable party must be identified. This is one of the most important tasks your legal team will perform. During the investigation process, the best truck crash lawyers carefully analyze footage from the scene, police reports, witness statements, and more to make sure those who caused harm are held responsible for your damages.

Why You Need a Truck Crash Attorney

Truck driver fatigue might make its way into a police report. Hours of service violations may be noticed by crash investigators. But it’s just as likely that the issue goes unreported or flies under the radar. Having a Providence truck crash lawyer on your side helps to ensure your accident is properly investigated, the correct parties are held accountable, and you are able to seek the maximum compensation you are entitled to.

At Mandell, Boisclair & Mandell, our award-winning attorneys bring decades of experience to every case. Undeterred by complex litigation, we prepare every case for trial, enabling us to continue protecting your rights and seeking justice no matter the direction your case is taken. In our 50 years of service, we have secured a number of significant victories for victims of serious injury, but we never rest on past accomplishments. We build strong and evidence-supported cases, and we don’t back down, no matter how powerful the other side may be.

Our Providence Truck Crash Attorneys Are Here to Help

If you suspect a drowsy trucker caused your injuries, the truck crash lawyers at Mandell, Boisclair & Mandell are here to help. Use our online contact form or call our Providence office today to schedule your FREE case review and let us help you understand your rights, your options, and the best way to move forward with your case.