Charles E. Boyk Law Offices, LLC
In Ohio, it is a crime to drive while too tired. The Ohio Revised Code has a statute that clearly states that is illegal to operate a commercial motor vehicle while a person feels that their ability or their alertness to do so is impaired by fatigue, illness, or any other cause that would make it unsafe for them to operate that vehicle. This means that it is a criminal offense for someone to get into a vehicle and drive if they feel overly tired. If you have been in a truck accident that was caused by the driver being overtired or fatigued, reach out to a skilled lawyer who could help you recover damages. An accomplished attorney will have experience assigning liability in Fremont truck driver fatigue accidents.
Sleep deprivation exposes more parties to liability for accidents. This means that the freight brokers or cargo companies could be found negligent if they are directing a load to be taken to a destination that is unfeasible. If they want a person to take a load to a destination that is three hours away and they expect the driver to deliver the load within two and a half hours, the driver may then try to force themselves past their hours of service requirements to make sure that they are complying with these orders. Usually, if the driver is failing to comply with their hours of service, an employer can also be shown to be liable for these actions and any subsequent accident that is a result of those actions.
Truck driver fatigue can result in serious accidents and injuries. Examples of accidents due to driver fatigue include:
The injuries themselves tend to be more significant and more people are injured as a result of driving while fatigued. This is why it is imperative for an injured victim to call a dedicated lawyer who could assign liability in Fremont truck driver fatigue accidents. After proving negligence, the attorney could assist the injured individual with collecting damages.
If the accident occurred in Ohio, the driver may have criminal charges brought against them under the statute choosing to drive while tired. If the company is found liable, the driver is typically also liable if they were the person that committed the negligent act during the course and scope of their employment. This is all under a legal theory where the employer is responsible for the acts of their agent or their employees.
Most individuals these days have an insurance policy to cover them in the event that an accident would happen. An employer’s insurance policy is probably going to carry a much higher coverage limit that an individual driver, therefore, their insurance will usually be paid out first.
There are instances where a driver’s personal insurance is paid out or the driver themselves is found personally responsible for their own acts.
For more information about liability in Fremont truck driver fatigue accidents and the role of insurance, contact a qualified attorney today.
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