At Levin & Malkin, we have helped many victims of fatigued truck driver accidents recover damages. Over our 30 years as personal injury attorneys in New Jersey, we have fought to win millions of dollars for those who have suffered serious injuries in traffic accidents caused by another’s negligence.
One common type of driver negligence is driving while exhausted or drowsy. The chance of having a truck accident increases exponentially if a driver is not alert. The fact that truck drivers are at the wheel of larger, heavier, and more cumbersome vehicles than most others on the road makes collisions more likely to be fatal or to cause catastrophic injuries.
Reasons for Truck Driver Fatigue
While far too many drivers on the road, especially at night, are too tired to be fully alert, the percentages of fatigued truck drivers on our roadways tend to be even higher. This is true despite government regulations designed to protect the public from this hazard. Reasons truck drivers may be driving while fatigued include:
- Truck drivers work long shifts and frequently do not get enough sleep
- Some truck drivers have undiagnosed sleep disorders (e.g. insomnia, sleep apnea)
- Many truck drivers take medication or illegal drugs to stay awake which rebound, leaving them even more exhausted
- Truck drivers, like other drivers, may be driving while impaired by alcohol or drugs
- Truck drivers may work night shifts or shift back and forth from day to night shifts, causing interference with their normal Circadian rhythms
Because of their tight schedules, and because they earn their living by meeting driving deadlines, truck drivers are more likely to push themselves even if they are too tired to drive, while yawning, drifting their trucks into the next lane, missing an exit.
We are all aware that falling asleep at the wheel will almost always have awful consequences, but what about just being tired or drowsy? Research has shown that sleepiness and extreme fatigue, even if the individual does not fall asleep, can result in disaster because fatigued drivers:
- Pay less attention to the road
- Have considerably slower reaction time if they have to swerve or brake suddenly
- Have impaired judgment and diminished capacity to make decisions
- Have diminished vision as a result of eye spasms and dry or irritated eyes.
Serious Injuries You May Have Suffered in a Fatigued Truck Driver Accident
Truck drivers have the highest fatality rate of workers in any occupation. Nonetheless, because commercial trucks, especially tractor-trailers, can weigh 25 times as much as most cars, the injuries, fatigued truck drivers often cause more severe injuries to drivers they collide with than they suffer. If you or a loved has been involved in a crash with a fatigued truck driver, you may have suffered one of the following:
- Compound fractures
- Spinal cord injury
- Traumatic brain injury (TBI)
- Amputation of a limb
- Crush injury affecting bones, muscles, or organs
- Loss of vision or hearing
- Severe burns
- Damage to, or loss of, an organ
Such drastic injuries are life-altering. Our compassionate, highly skilled attorneys will fight vigorously to help you obtain the compensation you deserve. If you have lost a loved one in a fatigued truck driver accident, we will work hard to try to recover wrongful death damages for you and your family.
How Levin & Malkin Can Help You in Your Fight for Justice
We have a strong track record of winning damages for innocent victims of vehicular accidents, including those who, like you, have been harmed by fatigued truck drivers. The negligence of a truck driver who drifts off, or even falls into a sound sleep, while traveling at high speed, is undeniable. The trucking company, too, may bear the blame. Our highly capable, caring attorneys are well-prepared to protect your right to substantial compensation by:
- Taking over all communications with opposing attorneys and insurance companies
- Filing all necessary documents promptly
- Investigating the accident
- Examining police records and medical data
- Checking into the prior history of the truck driver and the trucking company
- Interviewing witnesses
- Consulting with experts in related fields who may testify on your behalf
Above all, we will put our proven negotiation and litigation skills to good use as we fight for your rights with energy and commitment.
Compensation You May Be Entitled To
As your dedicated legal advocates, we will make every effort to obtain both economic and non-economic damages for you, possibly including:
- Medical and rehabilitation costs
- Lost income, present, and future
- Pain and suffering
- Psychological counseling
- Permanent disability
- Permanent scarring or other disfigurements
- Extended nursing care
- Loss of enjoyment of life
- Final medical costs, funeral costs, loss of financial and emotional support (in cases of wrongful death)
If your accident involved extreme recklessness or criminal behavior, you may also be awarded punitive damages by the court. Such damages are awarded to punish the defendant as well as to act as a deterrent to others.
Contact Our Experienced New Jersey Truck Accident Attorneys Today
If you have been seriously injured in a fatigued truck driver accident in New Jersey, don’t delay–contact Levin & Malkin for a free consultation. We will review your situation carefully and be open and honest with you about whether you have a viable case. If you do, we will fight long and hard to win you damages while you take the time you need to recover physically and emotionally from your terrible ordeal.