Is driver fatigue a factor in truck accident negligence cases in Chula Vista?

California – June 27, 2022

According to the National Sleep Foundation, drunk driving and drowsy driving are similar in physical changes to reaction times and lead to extremely dangerous driving conditions resulting in high numbers of motor vehicle accidents and fatalities. A conservative estimate of the number of fatalities occurring annually from fatigued driving is 6,400. When an accident victim suffers fatal injury, surviving loved ones may wonder “Where can I find attorneys near me?” to assist with guidance and necessary actions for timely access to insurance funds for unexpected burial and funeral arrangements.

Truck driver fatigue.

Truck drivers should be aware of symptoms of fatigued driving to include:

Frequent blinking and heavy eyelids,
Frequent yawning,
Drifting in lanes or hitting safety strip,
Missing exits or signs due to day dreaming.

Operating an oversized vehicle while fatigued is a deadly risk to all travelers and the reason that the federal laws mandate “hours of service” for truck drivers. Sometimes these regulations cause a truck driver to pull off to areas of the roadway that may be risky. If driver fatigue played a part in this crash, an investigation will determine whether the parked tractor trailer was an obstacle to the safety of other vehicle operators.

How can lawyers help victims?

A Chula Vista truck accident lawyer may help victims file insurance claims and provide guidance on state thresholds, time limitations to file legal action, and information from insurance carriers that they communicate with on behalf of the accident victims. They will be instrumental in 1) Insurance communication to access necessary funds to cover harmful losses, 2) Independent investigations to ascertain the reason for the crash, in this case to determine if the truck was parked in a spot where it was dangerous to other roadway drivers, 3) Filing appropriate documents with insurance companies and the court, and 4) In many cases will work on a contingency basis where money is not needed up front.

Recoverable damage compensation.

Damages covered include medical bills up to the time of death, lost wages (current and future), property damages and wrongful death claims to secure survivors financial stability of the deceased was an important part of the family income. Monetary damages sought after are broken down by those that relate to the individual who died, and those that are necessary to compensate those left behind.

Survival damages are calculated based on expenses related to the care in the final days of life for the deceased, as well as funeral and burial expenses.

Survivor loss damages include those related to lost income, the deceased’s contribution to household upkeep, and the loss of affection and comfort to a spouse and support and guidance to children.

California State provides rules on how the wrongful death award funds are to be distributed among the deceased’s beneficiaries.

Determination of fault and insurance.

In civil legal actions, recoverable compensation is estimated on the degree of fault exhibited by a driver who caused injury and property damage. “Fault” is based on the level of negligence measured when an individual fails to exercise the degree of care expected of someone in a comparable situation. Accident victims should consult with a Compton accident lawyer because California is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident,

Hire an lawyer.

Experienced Chula Vista accident lawyers can research specific case facts and interpret the law to support an accident case’s best outcome toward compensation for damages and wrongful death caused by the truck accident.

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