Personal Injury

Driver Fatigue Claims

Albuquerque Personal Injury Lawyer

Accidents while on the road have the potential for serious injury. This risk is greatly increased when semi-trucks, or 18-wheelers, are involved. The large size and weight of commercial trucks can create the potential for damages not present in accidents involving smaller vehicles. Despite the power that trucks possess, operators do not always practice safe driving habits. In order to meet strict deadlines, commercial drivers may operate their trucks for longer than is safe and drive while fatigued.

If you have been involved in an accident with a commercial truck through no fault of your own, you may be able to seek legal compensation for your injuries. At Michael J. Doyle, Attorney at Law, our Albuquerque personal injury lawyer possesses an in-depth knowledge of the laws and regulations involved in commercial trucking accidents and can help you to maximize your compensation. When a fatigued driver causes an accident, they should be held accountable for resulting injuries.


Schedule a free consultation and find out if you have a case.


Hours of Operation Laws

The trucking industry is highly regulated and this includes the number of hours a driver is allowed to be behind the wheel. The Federal Motor Carrier Safety Administration (FMCSA) mandates these “hours of service” laws specifically because accidents due to driver fatigue are so common. In a survey distributed by the Insurance Institute for Highway Safety, many truckers admitted to violating these rules in order to meet deadlines.


Drivers who transport property are restricted from:

  1. Driving for more than 11 hours after 10 consecutive hours off duty
  2. Driving past the 14th consecutive hour after returning from 10 consecutive hours offs duty
  3. Beginning a shift if less than 8 hours have passed since the last off-duty of sleeping period
  4. Limited to driving 60 hours in 7 days or 70 hours in 8 days.

While driver fatigue may have been a factor in your crash, proving so in court can require a skilled attorney. Truck drivers, as well as trucking companies, are increasingly being made to install electronic logging devices in their vehicles which automatically record data such as hours worked and miles that have been driven. We can look at this information as well as driver logs and company records to find evidence of driver fatigue. Depending on the circumstances of the accidents, both the trucking company and driver may be liable for injuries.

Worried About Legal Fees?

At Michael J. Doyle, Attorney at Law, we know that budgets can be stretched thin after an accident which is why we choose to work on a contingency basis. This means that from your initial free consultation to the closing of your case, there will be no out-of-pocket cost to you. Our lead Albuquerque personal injury attorney can provide uncompromising service and keep you up to date with what is happening in your case. Let us worry about the legal paperwork so you can focus on recovery.

Call (505) 219-2176 and discover how we can help you seek the compensation you deserve.

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