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Truck Accidents

Wreck with a Tired Truck Driver in Washington? Here’s What You Can Do

By December 10, 2024No Comments

With over 2 million semi-trucks in the United States logging nearly 140 billion miles annually, it’s no surprise that truck accidents are a major concern on our roads. Thankfully, federal and state governments heavily regulate how long a semi-truck can be on the road in any 24-hour period, significantly reducing the number of fatigued drivers carrying tons of cargo across highways. Without these safety regulations, our roads would see far more accidents caused by drowsy driving.

At the Gilbert Law Firm of Spokane, Washington, our team of skilled trucking accident lawyers understands the complexities of truck accident cases. With decades of combined experience, our attorneys are dedicated to helping clients who’ve suffered due to negligent or fatigued truck drivers. 

If you or a loved one has been injured in a truck accident in Washington, our team at Gilbert Law Firm is here to guide you through each step, fighting to protect your rights and pursue the compensation you deserve.

Are There Restrictions for Tired Truck Drivers in Washington?

Many of us have been behind the wheel when tired. In fact, the National Sleep Foundation (NSF) reports that about half of U.S. adult drivers admit to frequently driving while drowsy. However, what many may not realize is that driving fatigued can impair decision-making and slow reaction times, making it nearly as dangerous as driving under the influence.

For truck drivers operating vehicles weighing up to 80,000 pounds, this risk is even more pronounced. Fatigued driving is responsible for about 15% of all heavy truck crashes, according to the NSF. 

For this reason, the Federal Motor Carrier Safety Administration (FMCSA) has imposed the following restrictions to prevent truck driver fatigue:

  • Semi-truck drivers can only drive up to 11 hours after coming off of a 10-hour off-duty period.
  • Semi-truck drivers cannot drive past the 14th hour after coming off of a 10-hour off-duty period.
  • Semi-truck drivers must take a 30-minute break if they have driven for an 8-hour continuous period.
  • Semi-truck drivers cannot drive for more than 60 hours in a 7-day period or 70 hours in an 8-day period. The 7- or 8-day period can be reinitialized following a break of 34 or more consecutive hours off duty. 
  • Certain exceptions allow semi-truck drivers to operate within 150 miles of their reporting location, provided they do not exceed 14 hours in any 24-hour period.

These regulations are essential to reducing risks associated with driver fatigue. If a truck driver disregards these limits and causes an accident, they could be held liable under federal and state laws, including FMCSA rules and Washington’s own driving regulations.

What to Do if a Truck Driver Causes Your Accident

According to recent data from the Federal Motor Carrier Safety Administration, fatalities from crashes involving at least one large truck decreased by 11% in 2023. If you have been injured in a truck accident, you may be entitled to compensation.

One of the easier ways to demonstrate if the truck driver was at fault, you may need to demonstrate a violation of FMCSA regulations, which could include the following:

  • Exceeding driving-hour limits
  • Failing to take required breaks
  • Neglecting to adhere to other safety guidelines

Under Washington’s comparative fault rule, proving the truck driver’s negligence or violation of regulations can influence liability and your right to compensation.

The Gilbert Law Firm has extensive experience handling cases involving FMCSA violations and understands the complexities involved in obtaining evidence, such as: 

  • Logbooks
  • Tracking data
  • Maintenance records

How a Lawyer Can Help in a Truck Accident Case

Truck accident cases are challenging due to the intricate web of state and federal regulations, the complex evidence required, and the aggressive defense often mounted by trucking companies. Here’s how a lawyer from Gilbert Law Firm can assist in your case:

  1. Investigation of Federal and State Violations: Our attorneys will examine whether the truck driver or trucking company violated FMCSA rules, including driving-hour limits and maintenance regulations. This thorough review can help build a strong foundation for your case.
  2. Gathering Essential Evidence: Truck accident claims require comprehensive documentation, from electronic logging device (ELD) data to witness statements. We ensure all relevant evidence is collected and analyzed to support your claim.
  3. Navigating Comparative Fault Laws: Under Washington’s comparative fault rule, liability may be shared among multiple parties. Our lawyers understand how to use this rule to strengthen your case and pursue maximum compensation for your injuries.
  4. Representing Your Interests Against Insurance Companies: Insurance companies representing trucking firms are often prepared to reduce their payouts. Our attorneys will handle negotiations, advocating on your behalf to secure the compensation you deserve.

Our attorneys at Gilbert Law Firm will explain your rights, providing clear guidance to help you make informed decisions about your case.

Contact the Gilbert Law Firm in Spokane, Washington Today

Taking on trucking companies and their defense teams requires a strong, knowledgeable advocate. 

The Gilbert Law Firm, based in Spokane, Washington, has decades of combined experience pursuing claims against trucking companies. Our attorneys will work tirelessly to demonstrate if the truck driver violated FMCSA regulations if the truck was improperly maintained, or if it had mechanical flaws—whatever applies to your case. 

Contact us today at (509) 321-0750 to get started.

Disclaimer: The blog published by the Gilbert Law Firm marketing team for informational purposes only and is not considered legal advice or a substitute for legal advice. There is no attorney-client relationship between the reader and the blog publisher. Readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.

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