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The dangers of truck driver fatigue

| Jan 12, 2021 | Motor Vehicle Accidents

Truck driver fatigue may cause a motor vehicle accident to occur. The pressure to make deliveries quickly and maximize profits can take a toll on truck drivers in Massachusetts and throughout the country. When an accident occurs because of truck driver fatigue, it may be the basis for a legal claim.

Truck driver fatigue and Massachusetts car accident compensation

When truck driver fatigue causes a car accident, the victim may have a claim for compensation under Massachusetts law. Driver fatigue is a form of negligence in motor vehicle accidents. By driving while fatigued, the driver may pose an unreasonable risk that is the basis for legal liability.

No-fault laws and truck driver fatigue

In general, Massachusetts is a no-fault state. When minor motor vehicle accidents occur, each victim looks first to their own insurance policy in order to pay damages. However, when an accident causes injuries that are serious or permanent, the responsible driver may owe the victim compensation. In order for a driver to be responsible, they must have acted with negligence.

Analyzing whether negligence occurs is a case-by-case inquiry. The judge or jury must evaluate what each person does leading up to the accident. They evaluate these actions based on the actions of a reasonable, ordinary person. The person evaluating the motor vehicle accident puts a reasonable person in the place of the driver. If a reasonable person would not have driven with the same level of fatigue, the driver may be held legally liable to the victim for their damages.

Help for victims of truck driver fatigue

In most cases, a victim of truck driver fatigue must bring a legal claim in order to receive compensation. Taking action may result in compensation for economic losses as well as payment for non-economic losses, including pain and suffering.

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