Understanding Bus Accidents Due to Driver Fatigue
Exercise your rights and hold negligent parties liable with Dressie Law Firm
Explore the legal aspects of bus accidents due to driver fatigue with the Dressie Law Firm. Call us and learn about causes, consequences, and your rights for compensation.
Bus Accidents Due to Driver Fatigue
Are you or your family member a victim of a bus accident? Bus accidents can be caused by the driver’s negligence, resulting in a breach of duty of care. One example of negligence is driver fatigue.
If you are a victim of bus accidents caused by driver fatigue, you may be entitled to compensation for the damages sustained. It is crucial you understand what to do after a bus accident in Atlanta as well as its legal implications and potential consequences.
Hiring a bus accident attorney immediately after a bus accident to provide assistance and guidance is essential. At Dressie Law Firm, our experienced bus accident lawyers can guide and represent you throughout your personal injury claim. We can work to secure the maximum compensation you deserve.
The Prevalence and Impact of Driver Fatigue in Bus Accidents
Driver fatigue is a common cause of bus accidents. According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue and other impairment factors are the second most common driver-related cause of fatal bus crashes in 2021.
Bus drivers put the lives of their passengers at risk when they drive while fatigued. Bus accidents due to driver fatigue can seriously impact passengers and road commuters.
Fatigue leads to slow reaction times, inaccurate judgment, and loss of control. When a driver is fatigued, it is difficult for them to control a vehicle safely, which may result in bus accidents, causing victims and their families to go through avoidable pain and suffering.
Causes of Driver Fatigue
Several factors lead to bus driver fatigue, including the following:
Sleep Deprivation: Taking time to rest or sleep is essential for bus drivers. Those who fail to get enough sleep are at a higher risk of bus accidents due to driver fatigue.
Inadequate Rest: Bus drivers may not have enough rest break opportunities during their shifts. This lack of rest breaks can affect the driver’s ability to make sound judgments while driving, ultimately leading to bus accidents.
Disruption of Natural Sleep Pattern: When drivers follow irregular schedules, such as night shifts and early morning routes, it can lead to disruptions in their sleep patterns and cause fatigue.
Repetitive Nature of Routes: The repetitive nature of bus routes can reduce the alertness and concentration of bus drivers, increasing the risk of accidents.
Regulations Governing Bus Drivers and Fatigue
The FMCSA has Hours of Service (HoS) regulations put in place to prevent driver fatigue and consequent accidents.
A driver may drive for a maximum of 10 hours after eight consecutive hours off duty. Bus drivers cannot drive after being on duty for 15 consecutive hours, and a mandatory eight consecutive hours off duty is required before resuming driving. Off-duty time is not counted within the 15-hour period.
Breaks are not mandated by the FMCSA Hours of Service regulation, but they are recommended to avoid fatigue.
Seeking Compensation Following a Bus Accident
You have a right to file a personal injury claim as a victim of a bus accident caused by a fatigued driver. However, you must first establish the driver’s negligence and the breach of the duty of care owed to you as a passenger.
When a driver is negligent and his negligence results in accidents, they may be held liable for the injuries sustained by the victims. Our bus accident attorneys at Dressie Law Firm are here to help you exercise your rights and guide you every step of the way.
Negligence can be established by proving the following elements:
- Duty: The driver owed you a duty of care.
- Breach of duty: The driver failed to uphold the standard of care.
- Causation: The driver’s breach of duty directly caused your injuries.
- Damages: You suffered actual harm or damages as a result of the driver’s actions.
The bus company may also be liable for its drivers’ negligence in what’s known as vicarious liability. Bus companies have a duty to ensure their drivers are competent and compliant with the law. Failure to inspect and train drivers or enforce laws can translate to negligence.
A knowledgeable bus accident attorney can help you investigate the accident and determine liability.
Statute of Limitations of Bus Accident Lawsuits
You have a limited time to file your bus accident lawsuit. Failure to file the lawsuit within the provided time would bar you from securing damages from the at-fault party. You do not want to lose your opportunity to seek compensation or damages.
For personal injury claims, including bus accident claims, you have two years from the date of the accident to initiate your claims against the liable party. The time frame also depends on the at-fault party. For instance, if the bus driver operated a state or county vehicle during the accident, you must file a notice of claim within 12 months.
If the bus is owned by a municipality, you only have six months to file.
Contact Dressie Law Firm for Help
Navigating the nuances of bus accident claims and determining the at-fault parties to sue can be complex. A bus accident attorney can help you navigate the process and secure compensation for injuries sustained by a bus accident claim.
Our skilled bus accident attorneys at Dressie Law Firm adopt a client-centric approach, carefully examining each accident case and paying close attention to the unique circumstances involved for a thorough analysis. We can help you determine the liable party to file your claim against while ensuring your claim is filed timeously.
We, having your interest at heart, can help you get fair compensation for the injuries you suffered, either through a lawsuit or during settlement negotiations with the at-fault parties.
Contact us today to schedule a free consultation.
The Dressie Law Firm Can Help You
Contact us today to schedule your free consultation!