Truck drivers in West Virginia have to follow numerous regulations, which are meant to help reduce the likelihood of their causing accidents. Truck accidents are especially dangerous to others because how much larger and heavier trucks are compared to passenger cars. This means that when a truck driver is involved in an accident, people are likelier to either be killed or seriously injured.
One of the regulations for truck drivers is one that is meant to forbid fatigued driving. The issue with the regulation as it is written is that it is notoriously difficult to enforce. The Minnesota State Police tried to use a checklist of questions to help officers determine whether they should order a driver out of service, but the checklist was determined to violate the constitutional rights against illegal search and seizure.
The National Academies of Sciences, Engineering and Medicine has been tasked with writing a new report analyzing current research on the link between fatigued driving and the risk of accidents. This results of their research may then be used to help officers better understand when a violation should be issued.
Commercial trucks are regulated specifically to help prevent catastrophic accidents. When a person is seriously injured because of a fatigued driver who failed to pull off the highway, they may be able to file a lawsuit against the driver and the company that employs him or her. Through a personal injury lawsuit, injured plaintiffs might decide to seek damages that are sufficient to cover their losses. People may want to seek a consultation with a personal injury lawyer to learn more about their rights. An attorney may help by investigating their client's case and then advocating for the maximum amount of damages possible to fairly compensate their client.