Truck Accident Lawyer in Outer Banks

Truck accidents often involve complex legal and insurance issues, making it vital to have knowledgeable representation on your side. If you’ve been hurt in a truck accident in the Outer Banks, the truck accident lawyers at Ward and Smith are prepared to stand by you. We will investigate your case and fight for the compensation you deserve. Call (919) 827-8475 to learn how we can help.

How Driver Fatigue Contributes to Truck Accidents

Commercial trucks are essential to the U.S. economy. They transport goods across long distances and help keep industries running. But with the size and weight of these vehicles comes an increased risk of serious injury when crashes occur. One common but often overlooked cause of truck accidents is driver fatigue.

Fatigue behind the wheel can be just as dangerous as driving under the influence. When a truck driver is overly tired, their ability to focus, react quickly, and make sound decisions decreases. In a busy tourist area like the Outer Banks and its surrounding highways, this can have devastating consequences.

Why Truck Drivers Are at Risk for Fatigue

Truck drivers spend long hours on the road. While there are federal rules that limit how long they can drive in a day or week, not every driver or employer sticks to those limits. Pressure to meet deadlines or cover more ground can lead drivers to push their physical limits.

A typical trucker might drive hundreds of miles a day, often through the night or early morning when natural drowsiness is a risk. Add in poor sleep, inconsistent schedules, and limited access to healthy food or rest facilities, and it becomes clear how fatigue can build up quickly.

How Fatigue Affects Driving Ability

Fatigue impacts many of the same functions as alcohol. A tired driver may struggle to stay in their lane, maintain safe following distances, or respond quickly to sudden changes in traffic. Reaction time slows down. Judgment is impaired. Even staying awake becomes a challenge after too many hours without adequate rest.

In some cases, truck drivers fall into what’s known as “microsleep.” These are brief episodes where a driver may nod off for a few seconds without realizing it. At highway speeds, even a few seconds of inattention can mean the difference between avoiding a crash and causing one.

Federal Rules Meant to Prevent Driver Fatigue

To help reduce the risk of drowsy driving, the Federal Motor Carrier Safety Administration (FMCSA) enforces regulations known as hours-of-service rules. These rules set limits on how long drivers can be behind the wheel.

Some of the key rules include:

A maximum of 11 hours of driving after 10 consecutive hours off duty
A required 30-minute break after 8 hours of driving
A limit of 60 or 70 hours of driving over 7 or 8 days, depending on the employer’s schedule

Truck drivers must keep detailed logs of their driving hours, either on paper or using electronic logging devices (ELDs). These logs are crucial in accident investigations.

When Fatigue Contributes to a Crash

If a truck accident occurs and there is evidence that the truck driver had been on the road too long or skipped required breaks, fatigue may be a contributing factor. In these cases, both the driver and the trucking company may be held responsible. Employers have a duty to make sure their drivers follow safety rules. If they pressure workers to ignore those rules or look the other way when violations occur, they may share legal responsibility.

Some signs that fatigue may have played a role in a crash include:

No signs of braking or evasive action before the impact
The driver admitting to being tired or having trouble staying awake
Gaps or violations in the driver’s logbook
Witness accounts of erratic driving before the crash

An experienced personal injury lawyer will often work with investigators to collect this type of evidence and build a strong case.

The Role of Technology in Monitoring Fatigue

In recent years, more trucking companies have started using technology to monitor their drivers in real time. Cameras inside the cab can detect signs of drowsiness, such as head nodding or closed eyes. Some trucks also use lane departure systems or alert warnings to keep drivers aware if they start drifting or losing focus.

While these systems help, they are not foolproof. Not every truck is equipped with them, and some companies don’t use the data effectively. In some cases, drivers disable the alerts because they find them distracting.

Technology can help reduce risk, but it doesn’t replace the need for responsible scheduling and proper rest.

What to Do If You’re Hit by a Tired Truck Driver

If you’ve been injured in an accident involving a commercial truck and believe fatigue played a role, take steps to protect your claim. Your health and legal rights matter.

Here are some actions to consider:

Call the police – A crash report creates an official record of the incident.
Seek medical attention – Even if injuries seem minor, get checked. Some symptoms appear hours or days later.
Document everything – Take photos, collect witness information, and write down what you remember.
Do not speak to the trucking company’s insurance – They may try to get you to settle quickly or admit fault.
Talk to a personal injury attorney – An attorney can investigate whether fatigue or safety violations were involved.

Your legal team can request logbooks, GPS data, and company records to look for signs of fatigue. In many cases, these details are the key to proving the trucking company or driver failed to meet safety standards.

The Bigger Picture of Accountability

Fatigue is not just a personal problem for the driver. It’s often a reflection of the company culture, scheduling practices, and lack of oversight. Holding trucking companies accountable for unsafe practices not only helps victims recover damages but can also improve safety for others on the road.

When companies are forced to pay for the harm their policies cause, they’re more likely to make changes—like adjusting routes, enforcing rest breaks, or using better safety tools.

Seek Justice with a Truck Accident Attorney

If you or a loved one has been involved in a crash with a commercial truck in the Outer Banks or the surrounding area, it’s worth looking deeper into what caused the accident. Fatigue may be part of the story, and proving that could make a significant difference in your case. A knowledgeable attorney can help uncover the truth and fight for the compensation you deserve. The truck accident attorneys at Ward and Smith are committed to guiding you through this challenging time with compassion and expertise. Reach out to us at (919) 827-8475 and let us fight for the justice you deserve.