When we’re talking about impaired driving, alcohol often comes to mind. However, fatigue is another type of driver impairment.
Truck drivers can be especially susceptible to fatigue.
After all, they can spend up to 11 hours behind the wheel with only one or two short rest breaks.
Driver impairment is a leading cause of vehicle accidents. So, what are the common signs of impaired truck drivers?
When you know what to watch for, it’s easier to avoid being in a potentially catastrophic accident.
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Signs a Truck Driver May Be Impaired
If you notice any of the following signs, then it's a good idea for you to contact the authorities as soon as possible.
Reckless Driving
Driving recklessly is a common sign of driver impairment. Some examples of reckless driving behavior include failing to yield at intersections.
Tailgating and changing lanes without signaling can also indicate the truck driver is impaired. If you notice a truck driving recklessly, keep your distance and contact the authorities.
Swerving
Impaired drivers have difficulty focusing on the road; they may be seeing double or having trouble keeping their eyes open. Truck drivers can start weaving a little in their lane or even swerve suddenly into another one.
Another sign is if the truck is riding too close or on the center line. The driver is using the line to guide them down the road, which also means they’re dangerously close to traffic in the other lane.
Braking Suddenly
Impaired drivers can brake suddenly for no apparent reason. Maybe they fell asleep behind the wheel and accidentally hit the brakes. Fatigue and alcohol can also cause hallucinations. If the driver believes there’s an obstacle in the road, their first instinct is to slam on the brakes.
You should never drive too close behind a lead vehicle—tailgating is illegal even though law enforcement rarely issues a traffic citation for the offense. However, if you’re involved in an accident with an impaired truck driver, you may be assigned some of the blame.
Texas is an at-fault state but it also follows modified comparative negligence rules. Even though the truck driver is impaired, your decision to tailgate contributed to the severity of the accident.
Slow to React
When drivers are impaired they tend to react to changing situations a little more slowly. For example, they may not swerve in time to avoid a road hazard or brake quickly enough to avoid hitting another vehicle.
Driving slower than other traffic is another sign that a driver may be impaired. In this scenario, it’s best to stay back and report the behavior to law enforcement.
Determining Liability in an Impaired Truck Driving Accident
Before you can file an accident claim, you must prove liability. So, who’s liable in an impaired truck driving accident? The truck driver may seem like the obvious liable party. However, sometimes the carrier is fully or partially responsible for the accident.
For example, if the truck driver is driving while intoxicated. The driver assumes liability for the collision. If a truck driver’s impairment is caused by fatigue, the carrier may be liable for your damages. The carrier may have violated hours of service (HOS) laws. These are federal regulations limiting how long a truck driver can be behind the wheel. HOS rules also restrict how many hours a truck driver can work during the week.
Don’t forget, your driving behavior can also contribute to the accident. We mentioned tailgating but it’s not the only traffic violation that can contribute to an accident.
If you’re wondering who determines liability, it’s generally decided by law enforcement and insurance investigators. To help ensure you’re not assigned more than your fair share of the blame for an accident, it’s a good idea to talk to an attorney. Your attorney can also help investigate the accident and determine liability.
What to Do After an Impaired Truck Driver Accident
Being involved in any type of vehicle accident can be frightening and this can be especially true when a commercial truck is involved. Injuries and property damage tend to be severe. After reporting the accident, you should seek immediate medical attention.
What you don’t want to do is discuss the accident with anyone. Wait until you consult with a truck accident attorney. Anything you say can be used to devalue your claim, which includes talking to an insurance adjuster. You can answer basic questions about the accident but don’t go into detail.
Working with an attorney, you can identify the liable parties and start working on recovering compensation for your damages.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.