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The Law & You

I Got Into a Truck Accident With a Sleeping Driver. How Can I Prove It?

The Law & You
April 19, 2018

The Law and You

I Got Into a Truck Accident With a Sleeping Driver. How Can I Prove It?

A viewer says he was run off the road by a tractor-trailer. He believes the driver was asleep behind the wheel. But how can the viewer prove it? Tractor-trailer accident lawyers Greg Fellerman and Ed Ciarimboli tell him what he should do next.

Dave Kuharchik: A scenario tonight on “The Law & You” that can be everyone’s worst nightmare. A tractor-trailer driver possibly falls asleep on the road. Attorneys Greg Fellerman and Ed Ciarimboli here to address that.

Ed Ciarimboli: Absolutely.

Dave: So think about this. Here’s the question. You’re driving on an interstate and Larry in Dallas says, “I was run off the road by a tractor-trailer driver that I am sure the driver fell asleep. What can I do to prove this?” So what can Larry do?

Ed: So, Larry, I actually just did a webinar on this where I talked to other lawyers about it. Tractor-trailer drivers are required to keep what is called a log book. Now, they’re electronic but before December of 2017, they were paper logs. But, they are also required to keep fuel receipts, toll receipts, scale receipts, anything that has a time stamp on it. You match up the log with the time stamp so that you can show that they’re driving over the hours of the service that they’re allowed to drive. And once they’re driving over those hours of service, it’s presumed that they’re driving in a fatigued or impaired condition. So, that’s some of the ways that you can prove that the driver has been falsifying his logs which then led to him falling asleep behind the wheel of the tractor-trailer. But you got to get to a lawyer that does this kind of work because otherwise, you are never going be able to show that.

Greg Fellerman: The question is, does it happen? Well, it does. We actually had a case in Philly, I think about six months ago or less than that, where we were in court for a trial where the driver actually fell asleep. He fell asleep and ran right into the back of our client’s car, causing a significant injury. It does happen. What you’re thinking may have happened, probably did but there’s a lot of work that goes into these. I was just on 81 this week and I cannot believe the amount of tractor-trailer traffic on that road. So it’s going to happen, you need to call, so we can get involved early and help with those cases.

Dave: And I know this is something you guys really specialize in. So you can give the attorneys a call and check them out online. And don’t forget, results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys, thanks and see you next time.

Ed: Thanks, Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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