![\"\"](\"http:\/\/www.michiganautolaw.com\/auto-lawyers-blog\/wp-content\/uploads\/2010\/03\/truck-driver-fatigue.jpg\" "\\"truck-driver-fatigue\\"")
<\/a><\/p>\nA recent survey states that 20 percent of truck drivers nationwide admitted to falling asleep at the wheel in a given month. This stat comes at no surprise to our truck accident attorneys, who frequently handle horrible truck crash cases,<\/a> caused when fatigued truckers continue driving over the legal limits. This is usually due to intense pressure by management, as well as financial incentives to drive past federally regulated hours of service<\/a>.<\/p>\n It\u2019s against the law. And it’s incredibly dangerous to fall asleep when driving an 80,000 pound tractor-trailer on the public roadways.<\/p>\n Under 49 CFR \u00a7 392.3, no driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver\u2019s ability or alertness is so impaired as to make it unsafe for him to operate the truck.<\/p>\n Obviously, a truck driver will never tell you he was too \u201cfatigued\u201d <\/a> to have been behind the wheel during his deposition. But a series of questions regarding the driver\u2019s medical condition or recent food and beverage purchases can determine whether or not he was operating a commercial truck while ill or fatigued.<\/p>\n \u2022\u00a0\u00a0\u00a0 Within the 48 hours preceding the accident, where did you stop to eat? Many of these questions could be answered upon inspection of the truck<\/a> or the driver\u2019s supporting documents if your spoliation requests and temporary restraining orders are filed soon after the date of the accident. You\u2019ll often find empty prescription bottles, empty energy drink cans or coffee cups, bottles of Pepto-Bismol, TUMS or any other over-the-counter digestive system medication.<\/p>\n It’s important for truck accident attorneys<\/a> to take the time to do a little research on some of the medications the driver was taking \u2014 whether prescribed or over the counter. What are the side effects of these drugs? Chances are, at least some of these medications warn consumers from operating heavy equipment while taking doses.<\/p>\n Here’s a dramatic \u2014 and very true \u2014 example. In one of my cases, Nunez v. Utica Transit Mix<\/em><\/a>, my client was senselessly killed by a truck driver who was on powerful epilepsy medication that causes drowsiness. The driver also admitted he had no training and was driving his fully-loaded gravel hauler when it was out-of-service five different ways.<\/p>\n This egregious case was part of a truck safety campaign I headed up last year, which found that more than 1,000 truck companies<\/a> in Michigan \u2014 and more than 28,000 motor carrier companies<\/a> nationally \u2014 are on our roads with unsatisfactory safety ratings. One of the most common regulations that’s disregarded in Michigan is truckers driving past federal regulations; and a fatigued truck driver is just as impaired in judgment and reaction time as a drunk driver.<\/p>\n If you know what to look for, you can nab these tired and very dangerous truckers in the deposition. My series on \u201cRules of the Road\u201d for truck accident attorneys will continue Tuesday, with a blog on truck inspection requirements.<\/p>\n –\u00a0\u00a0\u00a0 Steven M. Gursten <\/a>is recognized as one of the nation\u2019s top experts in serious truck accident injury cases. He serves on the board of governors for the Association of Plaintiffs Interstate Trucking Lawyers of America.\u00a0 Steve is past-president of the American Association for Justice Truck Litigation Group. Recently, he was named a Michigan Lawyers Weekly Leader in the Law for his efforts to promote truck safety and his help in stopping preventable truck accidents in Michigan.<\/em><\/p>\n – Photo courtesy of Creative Commons, by tm-tm<\/em><\/p>\n Related information:<\/strong><\/p>\n 8 Things to Know About a Truck Accident<\/a><\/p>\n Truck Industry Myths<\/a><\/p>\n Michigan Truck Accident Attorney\u00a0 Video Library<\/a><\/p>\n Previous blogs from \u201cRules of the Road Every Truck Accident Lawyer Needs to Know\u201d series:<\/strong><\/p>\n Rules of the Road: Intro for Truck Lawyers <\/a><\/p>\n Truck Driver Fatigue<\/a><\/p>\n Truck Lawyers: Get Your Hands on Those Discovery Documents! <\/a><\/p>\n Investigate the Trucker’s Background and History<\/a><\/p>\nSample Deposition Questions for the Tired Truck Driver<\/h3>\n
\n\u2022\u00a0\u00a0\u00a0 What did you have to eat?
\n\u2022\u00a0\u00a0\u00a0 What did you have to drink?
\n\u2022\u00a0\u00a0\u00a0 Did you experience an upset stomach later? Did feel any nausea? Diarrhea?
\n\u2022\u00a0\u00a0\u00a0 If so, did you pull off the road?
\n\u2022\u00a0\u00a0\u00a0 How long did you wait before returning to driving?
\n\u2022\u00a0\u00a0\u00a0 Did you have any coffee or tea? Any energy drinks? Any other caffeinated beverages?
\n\u2022\u00a0\u00a0\u00a0 How many of these caffeinated beverages did you consume within the last 12 hours leading up to the accident?
\n\u2022\u00a0\u00a0\u00a0 Were you taking any medications at the time of the accident?
\n\u2022\u00a0\u00a0\u00a0 What conditions were those medications treating?
\n\u2022\u00a0\u00a0\u00a0 Where those conditions disclosed during your physical? Would they appear on your medical certificate?<\/p>\nWhat Medications was the Driver Who Caused the Truck Accident Taking?<\/h3>\n