Charlotte Truck Driver Fatigue Lawyers
Fighting for personal injury victims in North Carolina since 1979
Drivers of large trucks such as tractor-trailers, semis, rigs, flatbeds, and delivery trucks are a danger to other drivers if they drive while fatigued. At Price, Petho & Associates, our truck accident lawyers hold truck drivers and trucking companies accountable when they cause an accident because the driver is tired or the company puts their profits ahead of safety. Our Charlotte truck driver fatigue lawyers file personal injury and wrongful death actions that happen on I-85, I-77, and any other federal, state, or local roads. We will work to secure full compensation for your medical bills, lost income, pain and suffering, and property damage. Call us now to assert your rights.
What would you like to know?
- How dangerous are truck accidents?
- What regulations govern driving trucks in Charlotte?
- What are electronic logging devices?
- Why do drivers drive while they are suffering from fatigue?
- Who is liable for truck driver fatigue accidents in Charlotte?
- Do you have a Charlotte truck driver fatigue lawyer near me?
How dangerous are truck accidents?
A survey was conducted by the American Transportation Research Institute. According to Cloud Trucks, 65% of truck drivers reported feeling fatigued while driving in the previous month. Even more concerning is the fact that 13% reported falling asleep at the wheel at least once. According to the National Institutes of Health, truck drivers operate their trucks on a mean average of 11 hours and 55 minutes a day.
The National Highway Traffic Safety Administration states that most driver fatigue accidents (all vehicle types) involve a driver driving off the road without braking. Driver fatigue accidents are most common in the late afternoon and between 12 a.m. and 6 a.m. Nationwide, in 2022, there were 693 fatal driver-fatigue accidents.
What regulations govern driving trucks in Charlotte?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours that commercial truck drivers can drive without taking a rest. Some of the key FMCSA Hours of Service (HOS) rules are the following:
- Drivers can only drive up to a maximum of 11 hours each day after a 10-hour off-duty period.
- Drivers can only drive up to 14 hours in any one day, including driving time and other work-related activities.
- Drivers must rest for 30 minutes after eight consecutive hours of driving.
- Drivers can only drive a maximum of 60 hours during seven consecutive days and 70 hours during eight consecutive days.
- Drivers must use electronic logging devices (ELDs) that record the hours they drive. ELDs automatically record the driver’s hours to help ensure the truck driver is in compliance with the HOS rules.
Truck drivers who fail to comply with the HOS rules could be subject to fines and lose their commercial driver’s license. Commercial trucking companies could face fines and the possible revocation of their carrier's operating authority. The fines can range from several hundred to several thousand dollars.
According to Cloud Trucking, the FMCSA keeps a “scorecard system called the Compliance, Safety, and Accountability (CSA) program, which includes a BASIC (Behavioral Analysis and Safety Improvement Category) score.” HOS violations can increase the BASIC score, resulting in more oversight and other penalties.
At Price, Petho & Associates, our Charlotte truck accident lawyers hold drivers and trucking companies accountable when driver fatigue causes our clients’ injuries or the death of a loved one.
What are electronic logging devices (ELDs)?
The FMCSA mandates that commercial drivers and the trucking companies that employ them or own their trucks use ELDs to protect the driver and the public.
An ELD is connected to the engine control module. It automatically records a driver’s off-duty and on-duty time and securely transfers data to a safety official. The ELD is able to automatically record various data, such as the following:
- Duty status
- Miles driven
- Engine hours
- Engine power status
- Vehicle motion status
- Identification of driver/authorized user, vehicle, and motor carrier
Why do drivers drive while they are suffering from fatigue?
Our Charlotte driver fatigue lawyers understand why commercial drivers continue to drive even while they are tired. Some of these reasons include the following:
- Long shifts. Many drivers stay on the road until they complete their delivery – even if that means driving beyond the Hours of Service limits. The Hours of Service limits are the outer limit. Drivers should know when they are tired. If drivers are shutting their eyes, yawning, drinking coffee to stay awake, or not staying in their lane, they should get off the road immediately.
- Trucking company pressure. Some of the companies involved in the shipment may reward drivers for making more deliveries or meeting certain schedules. These rewards give the driver an incentive to drive while they’re tired.
- Driver intoxication. Alcohol is a depressant that causes drowsiness. Truck drivers should never drink and drive.
Drivers may also suffer fatigue if they help with the loading and/or unloading of the truck’s cargo. Adverse driving conditions, such as rain or glare, can also cause driver fatigue. Drivers should plan ahead so they know where the rest stops are and where they can sleep. Truck drivers in North Carolina should communicate with their fleet manager or dispatcher if they are feeling tired.
Google Reviews
I reached out to Price, Petho, and Associates after I found myself in need of an attorney for an accident I was in that led to personal injury. This was my first experience with something like this and they guided me through the process every step of the way. Every question I had was answered promptly and I truly feel they had my best interest at heart. I highly recommend them if you should find yourself in need of these services.
- C.P.
BEST ATTORNEYS
Price Petho and Associates are the best Attorneys in Law I’ve ever worked with. I was involved in a car accident last year and since I was injured, they handled my case and did not disappoint, they took care of everything. Also, my wife got rear ended in her car (total loss) about 6 months ago and my insurance company was delaying our claim and payment, we went to Price Petho and Associates again for some advice, Margaret E. Ford welcomed us right away, we explained the situation, she understood and explained to us what options we had. She was extremely knowledgeable about cases like this, she even called our insurance company for us and made them pay us the same day we talked to her. I’m very glad we asked for their help.
- Y. M.
Who is liable for truck driver fatigue accidents in Charlotte?
Our Charlotte truck accident lawyers file truck accident claims against everyone responsible for your accident or the death of a loved one. The defendants may include:
- The driver of the truck
- The truck driver’s employer
- The owner of the truck
- The companies involved in the shipment
- The broker who arranges the shipment
At Price, Petho & Associates, our lawyers review the ELDs and any other records that may reflect driver fatigue. We also question the driver, representatives of the various trucking companies, and anyone else (such as witnesses to the accident) who can show driver fatigue contributed to your accident. Our lawyers also examine whether the driver was negligent in other ways, such as speeding, driving while distracted, making a wide turn improperly, or not using caution when there are blind spots.
Do you have a Charlotte truck driver fatigue lawyer near me?
Yes. Price, Petho & Associates meets truck accident victims and families at our three office locations:
- 1430 Elizabeth Ave., Charlotte, NC
- 801 E Broad Ave, #17, Rockingham, NC
- 224 N Main St., Rutherfordton, NC
If potential clients cannot physically travel, our lawyers may be able to meet them at their homes or a healthcare facility. We also speak with clients by phone and through online video.
We’re prepared to answer all your questions and explain the litigation process.
Get help from Price, Petho & Associates today
Since 1979, our Charlotte delivery truck accident lawyers have been fighting to hold irresponsible drivers and trucking companies accountable for the injuries and deaths they cause. Our firm has obtained more than $200 million in verdicts and settlements. We’re ready to fight for the compensation you deserve.
If you or a loved one were injured in a truck accident, please call us or complete our contact form to schedule a free consultation. We handle truck accident claims on a contingency fee basis.
Serving Charlotte, Rockingham, Rutherfordton, North Carolina, and South Carolina.
Google Reviews
I reached out to Price, Petho, and Associates after I found myself in need of an attorney for an accident I was in that led to personal injury. This was my first experience with something like this and they guided me through the process every step of the way. Every question I had was answered promptly and I truly feel they had my best interest at heart. I highly recommend them if you should find yourself in need of these services.
- C.P.
BEST ATTORNEYS
Price Petho and Associates are the best Attorneys in Law I’ve ever worked with. I was involved in a car accident last year and since I was injured, they handled my case and did not disappoint, they took care of everything. Also, my wife got rear ended in her car (total loss) about 6 months ago and my insurance company was delaying our claim and payment, we went to Price Petho and Associates again for some advice, Margaret E. Ford welcomed us right away, we explained the situation, she understood and explained to us what options we had. She was extremely knowledgeable about cases like this, she even called our insurance company for us and made them pay us the same day we talked to her. I’m very glad we asked for their help.
- Y. M.