Contact Us
Phone: 269-679-4263
Location
Bucknell Building
1240 W VW Av
Schoolcraft, MI 49087
Hours
- Mon - Fri
- -
- Sat - Sun
- Closed
Signs of Truck Driver Fatigue
November 24, 2020
Preventable truck accidents take thousands of lives in the US every year. In 2018 alone, 4,862 trucks were involved in fatal traffic collisions, according to data from the Federal Motor Carrier Safety Administration (FMCSA). Truck driver fatigue is a significant cause of catastrophic and fatal trucking accidents. Fatigue refers to extreme tiredness or exhaustion – a state that makes it unsafe to operate a commercial motor vehicle. If truck driver fatigue caused your recent accident, the trucking company may owe you compensation.
Causes of Driver Fatigue
Fatigue can occur when a truck driver drives past the accepted hours of service regulations. The FMCSA institutes hours of service regulations to improve the safety of long-haul trucking. These regulations prohibit commercial drivers from exceeding 11 hours on-duty after 10 hours off, as well as exceeding 14 consecutive hours of driving in a single day. Drivers must also take driving breaks after a certain number of hours on the road. Ignoring or breaking these regulations is a common cause of fatigued driving accidents.
Truck drivers are also more likely to drive fatigued due to the nature of the job. Long hours spent alone on the road can increase the risk of drowsiness. Some truck drivers turn to stimulants to stay awake, such as coffee, energy drinks or drugs, only to experience a dangerous drop in energy later. Finally, truck drivers are prone to sleep apnea and other sleeping problems due to strange sleeping schedules, obesity, poor health habits and smoking. Sleep apnea can interrupt a good night’s rest and increase fatigue during the day.
What to Do If Fatigue Is the Suspected Cause of a Truck Accident
A truck accident involving a fatigued driver could be catastrophic for victims. Drowsy driving collisions often include speeding, lack of braking and a driver crossing a median into opposite-direction traffic. These are circumstances that can exacerbate the severity of a truck accident in Michigan. If you were injured in a truck accident and believe truck driver fatigue played a role, take certain steps to protect your rights.
- Call the police.
- Remain at the scene of the wreck.
- Do not admit fault.
- Speak to eyewitnesses.
- Take photographs.
- Get the truck number and driver’s information.
- Go to the hospital.
- Keep copies of medical records and accident reports.
- File your initial insurance claim with the truck driver’s insurer.
- Contact a truck accident lawyer in Kalamazoo and SW Michigan for claims assistance.
An attorney who specializes in truck accidents could help you investigate the accident and obtain evidence of truck driver fatigue. Information from the truck’s black box, for example, could show proof of speeding or lack of brake use, while an electronic logging device could show that the driver exceeded his or her hours of service regulations. A Kalamazoo and SW Michigan can gather key evidence for a case against the driver or company on your behalf.
Who Is Responsible If a Driver Is Fatigued?
Michigan is a no-fault car accident state. This makes it necessary for injured crash victims to document and contact an experienced and well-versed counselor before attempting to recover any compensation. You may assume a truck driver would be liable for an accident caused by truck driver fatigue. While it may have been the driver who specifically caused your crash, the rules of vicarious liability make the driver’s employer liable for your damages. Thus, trucking companies are responsible for truck driver fatigue, in most cases.
It is a trucking company’s responsibility to properly train its drivers, including requiring them to obey the FMCSA’s hours of service regulations. Truck companies should not encourage their drivers to exceed the number of accepted hours on the road to make deadlines or meet goals for bonuses. These are examples of negligence that could make the trucking company responsible for a related wreck. The company could also be vicariously liable for the negligence of its truck drivers – including a driver who drives while fatigued.
You can Contact Us here, or call 269-679-4263 for help determining whether or not there is a case for an accident caused by truck driver fatigue in Kalamazoo and SW Michigan.
If you've been involved in a truck accident and are considering pursuing a lawsuit, this blog post explains what to expect during the process. From the initial consultation to the courtroom, we’ll break down each step of the legal journey to ensure you’re prepared for what lies ahead.
This blog post outlines four key reasons why hiring an auto accident attorney in Michigan is crucial after an accident. It offers insights on when legal help is necessary for fair compensation and protection of your rights.
Learn the essential measures to follow when you’ve been involved in a car accident in Michigan. Gergely Law Offices, P.C. in Kalamazoo, MI offers insights to protect your rights and well-being.
Divorce can be one of the most challenging experiences anyone might face, not only emotionally but also financially. If you're a Michigan resident contemplating divorce, understanding the strategic advantages could make a significant difference in your journey through this challenging transition. At Gergely Law Offices, we believe that knowledge is power. One often overlooked aspect is the financial edge granted when you are the first to file for divorce. This blog will uncover these hidden benefits and guide you through making informed decisions that can safeguard your financial future.
Living in Michigan, you may have heard of the term "no-fault insurance" when it comes to car accidents and personal injury. But what exactly does it mean, and how do you know which plan is right for you? With Gergely Law Offices by your side, we can help guide you through the process and provide valuable insights into choosing the best plan for your needs. Understanding No-Fault Insurance in Michigan No-fault insurance is a type of coverage that pays for medical expenses, lost wages, and other damages regardless of who is at fault in a car accident. In Michigan, all drivers are required to carry no fault-insurance as part of their auto policy. This means that if you are injured in a car accident, your own insurance company will pay for your medical bills and other related expenses, regardless of who caused the accident. Types of No-Fault Insurance Plans There are several different types of no fault insurance plans available in Michigan, each offering varying levels of coverage and benefits. Some plans may offer higher limits for medical expenses or include additional benefits such as wage loss coverage or attendant care services. It's important to carefully review each plan and consider your individual needs before making a decision. Factors to Consider When Choosing a Plan When selecting a no-fault insurance plan in Michigan, there are several key factors to consider. These include the cost of the plan, the level of coverage provided, any exclusions or limitations within the policy, and whether additional benefits such as wage loss coverage or attendant care services are included. It's also important to review the reputation and financial stability of the insurance company offering the plan. How Gergely Law Offices Can Help Navigating the complexities of no-fault insurance can be overwhelming, especially if you're dealing with a personal injury matter. That's where Gergely Law Offices comes in. Our team of experienced attorneys can assist you with understanding your rights under Michigan's no-fault insurance laws. We can help you evaluate your options, negotiate with insurance companies on your behalf, and ensure that you receive fair compensation for your injuries. Making an Informed Decision Choosing the right no-fault insurance plan in Michigan is an important decision that can have long-lasting implications for your financial well-being in case of an accident or injury. By working with Gergely Law Offices, you can rest assured that you have a dedicated legal team on your side to help you navigate through the complexities of no fault insurance and make informed decisions that protect your rights and best interests. When it comes to selecting a no-fault insurance plan in Michigan, it's essential to understand your options and choose a plan that meets your individual needs. With Gergely Law Offices by your side, you can feel confident knowing that you have knowledgeable attorneys advocating for your rights and seeking that you receive fair compensation in case of an accident or personal injury. Don't wait until it's too late – contact us today to schedule a consultation and start exploring your options for finding the right no-fault insurance plan for you.
Being bitten by a dog can be a traumatic experience that leaves physical and emotional scars. In the state of Michigan, victims of dog bites may be wondering if filing a lawsuit is worth it. The answer to this question depends on various factors, including the severity of the injury, the circumstances surrounding the incident, and whether or not the dog owner has insurance coverage. In this blog post, we will discuss how an attorney can help you navigate the legal process and seek compensation for your injuries. With Gergely Law Offices, Michigan residents can rest assured that they have skilled legal representation on their side. When it comes to filing a lawsuit for a dog bite, having an experienced attorney by your side can make all the difference. A knowledgeable lawyer can help you gather evidence to support your claim, negotiate with insurance companies on your behalf, and advocate for your rights in court if necessary. They will work tirelessly to ensure that you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the dog bite. In Michigan, dog owners are held strictly liable for injuries caused by their pets under certain circumstances. This means that regardless of whether the owner knew about their dog's aggressive tendencies or not, they may still be held responsible for any harm caused by their pet. An attorney can help you understand your rights as a victim of a dog bite and guide you through the legal process step by step. One of the key benefits of working with an attorney is their ability to handle all communication with insurance companies on your behalf. Dealing with insurance adjusters can be overwhelming and stressful, especially when you are trying to focus on recovering from your injuries. An attorney will ensure that your rights are protected during negotiations and fight for maximum compensation so that you can focus on healing. At Gergely Law Offices, we have a team of dedicated attorneys who are committed to helping Michigan residents seek justice after being injured in a dog attack. We understand the physical, emotional, and financial toll that such incidents can take on victims and their families. Our goal is to provide compassionate legal representation while aggressively pursuing fair compensation for our clients. In conclusion, filing a lawsuit for a dog bite can be worth it with the help of an experienced attorney who understands Michigan's laws regarding pet liability. An attorney can assist you in gathering evidence, negotiating with insurance companies, and advocating for your rights in court if necessary. With Gergely Law Offices by your side, Michigan residents can trust that they have dedicated legal representation fighting for their best interests. Don't hesitate to seek legal guidance if you or a loved one has been injured in a dog attack – contact us today to schedule a consultation and learn more about how we can help you seek justice and compensation.
Motor vehicle accidents are unfortunately a common occurrence on the roads of Michigan. From distracted driving to speeding, there are many factors that can contribute to these accidents. At Gergely Law Offices, we understand the impact that a car accident can have on your life and we are here to assist Michigan residents with their personal injury matters. In this blog post, we will discuss some of the most common ways motor vehicle accidents occur in order to raise awareness and promote safe driving habits. Distracted Driving: One of the leading causes of motor vehicle accidents is distracted driving. This includes activities such as texting, talking on the phone, eating, or adjusting the radio while driving. When a driver is not fully focused on the road ahead, they are more likely to miss important cues and react slower to potential hazards. Speeding: Driving above the speed limit not only increases the likelihood of an accident but also makes it more severe if one does occur. Speeding reduces a driver's ability to react quickly to changing road conditions and increases stopping distances, putting themselves and others at risk. Drunk Driving: Driving under the influence of alcohol or drugs is another common cause of motor vehicle accidents in Michigan. Impaired drivers have slower reaction times, reduced coordination, and impaired judgment, making them more likely to cause serious accidents. Running Red Lights/Stop Signs: Failing to obey traffic signals is a dangerous behavior that can lead to T-bone collisions or intersection accidents. Running red lights or stop signs puts both drivers and pedestrians at risk and can result in severe injuries or fatalities. Weather Conditions: Michigan experiences harsh weather conditions throughout the year, including snowstorms, ice storms, and heavy rain. Driving in inclement weather requires extra caution and adaptability to ensure safety on the roads. It is crucial for all drivers in Michigan to be aware of the most common ways motor vehicle accidents occur in order to prevent them from happening in the first place. By practicing safe driving habits such as avoiding distractions, obeying speed limits, never driving under the influence, respecting traffic signals, and adjusting driving behaviors according to weather conditions, we can all contribute to reducing the number of accidents on our roads. In case you find yourself involved in a car accident due to someone else's negligence, Gergely Law Offices is here to provide legal assistance for your personal injury matters. Stay safe on the roads!
Every year in the U.S., 300 to 400 people die in wrong way accidents. One out of every 100 vehicle fatalities happens in these types of crashes. West Michigan alone, had 26 wrong way collisions happen from 2014 to 2018 just on freeways and expressways alone. Wrong way accidents occur when a driver enters a one-way road traveling the wrong direction and causes a crash with a vehicle traveling the correct way. The most severe wrong way accidents typically occur when a driver enters an exit or entrance ramp traveling the wrong direction, but these crashes can also happen on one-way streets in urban and residential areas. NEGLIGENCE-RELATED WRONG WAY CRASHES When a driver travels the wrong way on an entrance ramp, exit ramp, or one-way street, there could be several contributing factors, including: Impairment (drugs or alcohol) Distraction Unfamiliarity with a location It’s up to each driver to make sure they’re following the rules of the road. This means staying sober and focused behind the wheel, in addition to paying close attention to the traffic signs and signals placed around intersections. In most cases, signs and signals are adequate enough to alert drivers that they’re turning the wrong way on roads. However, the visibility and placement of signage can also make wrong way accidents more likely. HOW INFRASTRUCTURE CONTRIBUTES TO WRONG WAY ACCIDENTS The way that intersections are built and signs are erected can also contribute to the occurrence of wrong way accidents. A few examples include: Failure to clearly mark ramps Failure to place signs clearly or in locations where signs are fully reflective at night Missing signs Improper ramp design Low sign visibility due to obstruction by buildings, vegetation, or other objects Though infrastructure can be a contributing factor to wrong way accidents in Michigan, the state is taking steps to make our roads as safe as possible. Over the past couple of years, MDOT has released multiple reports detailing ways to prevent wrong way accidents along with implementing numerous safety measures to grow our highway safety infrastructure. The findings came after the completion of a three-year pilot study in which different methods of wrong way accident prevention were implemented on designated roads in California. The pilot study tried strategies including: Two-way reflective pavement markers that show white or yellow to right way drivers, and red to wrong way drivers “Wrong Way” signs at the off-ramp “Do Not Enter” signs equipped with LED lights flashing 24 hours a day Active monitoring systems that use radar to detect wrong way drivers and LED signs that activated when a wrong way driver entered the ramp. The implementation of reflectors resulted in a 44% decrease in wrong way accidents on one stretch of road, leading Caltrans to install reflective markers on hundreds of miles of highways in the state. As Michigan takes steps to address infrastructure shortcomings that make wrong way accidents more likely, it’s up to drivers to do their part in keeping our roads safe. IF YOU NEED LEGAL HELP, CONTACT US At Gergley Law Office, our SW Michigan car accident lawyers have years of experience holding negligent drivers responsible, including those who cause wrong way accidents. If you’d like to speak to our team, contact us today for a free, no-obligation case assessment.
Even people who have never been to law school have heard the word negligence. Most of them understand what it means. Negligence is another way of saying that somebody didn’t behave the way they should have and, as a result, somebody else was hurt. As familiar as someone may be with the term, they probably don’t know what it really means, not from a legal perspective. And why should they? Your SW Michigan motorcycle accident lawyer knows exactly what the term means. They also know it’s a lot harder to prove negligence than many people would think. Just because you’re in a motorcycle accident, that doesn’t mean you’re automatically entitled to a ton of money. In order to get you any money at all, your Kalamazoo motorcycle accident lawyer has to prove two things in order to win your case. First, they have to prove that the defendant was responsible for your accident. The second thing they need to do is prove that you suffered damages. It’s not enough to say that you were in a horrific motorcycle crash. Your Kalamazoo motorcycle accident lawyer has to prove a lot more than that if you’re going to be compensated for your injuries. What is Negligence and How Can Your SW Michigan Motorcycle Accident Lawyer Prove It? As mentioned earlier, negligence is when somebody doesn’t act the way a reasonable person would have given the same circumstances. For example, if a doctor notices that their patient is displaying symptoms of an illness, they should run the necessary tests to diagnose their illness. That’s what’s expected of a licensed physician. If, instead of doing this, a doctor sends the patient home and tells them to take a few aspirin, he could be found negligent. If that same patient dies from a heart attack that night, it’s not a far stretch to point to the doctor. Had they done the necessary tests, like a normal doctor would, they probably could’ve prevented the heart attack. In a motorcycle accident, it’s a little different. However, it’s still negligence. Your Kalamazoo motorcycle accident lawyer will have to prove the following: The other driver owed you a duty of care – All motorists owe a duty to other drivers. At a minimum, they’re expected to follow all traffic laws. The defendant breached their duty of care – Your Kalamazoo motorcycle accident lawyer has to show that the other driver didn’t behave the way a reasonable driver would have. For example, if they are speeding, they aren’t following the speed limit. That would constitute a breach of duty. You were hurt – It isn’t enough that you’re involved in a motorcycle accident. Your Kalamazoo motorcycle accident lawyer has to show that you actually suffered some sort of injury. This could be a physical injury. But it could also be things like lost wages, property damages or medical bills. Your injuries were caused by the defendant’s breach of duty – You also have to show that your injuries (losses) were caused by the defendant’s actions. For example, imagine you sue the defendant for damage to your motorcycle. If the defendant’s lawyer can prove the damage was there before the crash, you won’t be able to recover damages. What Happens if You’re Partially at Fault? It’s important to keep in mind that it’s very rare for any one driver to be 100% at fault in a motorcycle crash. Even if the other driver caused the crash, you may have done something that contributed to the accident. Maybe you were going a few miles above the speed limit when the defendant rear-ended you. Or perhaps your brake light was out, and the other driver didn’t see you coming to a stop. Some car accident victims fear that this could prevent them from collecting damages. That isn’t necessarily true. This is because Michigan follows the comparative negligence rule. As long as you’re less than 51% at fault, you can still demand compensation. However, your damages will be reduced by your percentage of fault. So, if your damages are $100,000 and you’re 20% at fault, your damages will be reduced by 20%. Reach Out to an Experienced SW Michigan Motorcycle Accident Lawyer Right Away If you’re hurt in a motorcycle accident, it’s a good idea to contact an experienced motorcycle accident lawyer in Kalamazoo, MI. This way, they can worry about proving negligence while you focus on getting better. Call our office and schedule your free, initial consultation today.
After a car accident leaves you with injuries and damages that weren’t your fault, you could choose to file a claim against the person or party responsible for your damages. Hiring a car accident lawyer to represent you by fully investigating what happened and building a strong case would benefit you and ensure that you don’t have to take on the legal process alone. If your crash happened in Kalamazoo or SW Michigan, then Gergley Law Offices, P.C. would be able to take your case and help you get the compensation that you deserve. Those injuries and damages that you incurred from the accident are the foundation of your car accident claim and why you’re seeking compensation, but there are many other factors that go into how much a full and fair settlement would be for you. Let’s take a look at the top 25 factors that can affect your car accident settlement. Who Was at Fault? Fault is one of the most important aspects of your car accident claim. Your case will hinge upon proving the responsible party’s negligence, or anything else they did that caused the accident. Here are some factors regarding fault that can affect your car accident settlement amount: What percentage was the other party at fault? Was the at-fault party drinking or on drugs? What percentage, if any, were you at fault? Is the party at fault a person or an entity, like a company? Did a defective product cause the accident? What Actions Were Taken? Immediately after an accident, there are some key things that should be done in order to get everyone the help that they need, or so that you can gather evidence to help prove what happened. When you follow the proper steps in reporting an accident and getting medical care, it makes your case stronger. When you don’t take any action immediately following your accident, however, it can lessen your settlement amount. Here are some factors from right after an accident happens that can affect your settlement amount: Were emergency services called so that police could arrive on the scene? Did the police make a report of the scene? Did you ask any witnesses for their information to give a testimony about what they saw? Did you speak objectively to the police? Did you take photos of the scene? Did you seek medical attention? Did you follow your doctor’s treatment plan? Did you seek mental health services for emotional injuries? Did you file an insurance claim? What Costs Did You Incur? The bulk of the calculation of your settlement amount focuses on the costs that the accident directly caused for you. If you suffered from an injury and went to the hospital, or got property damage repaired, you should keep the receipts and paperwork so that you have proof of those costs. Your car accident lawyer will compile all of your bills, costs, and lost wages to figure out what a full and fair settlement would be for you. Here are some of the different financial factors that will affect your settlement: Do you have copies of your medical bills? Did you attend all of your doctors’ visits and keep the bill from them? Did you fill and refill your prescription? Are you permanently or partially disabled from the injury? Do you have the receipt from fixing any property damage? Have you been missing work because of your injury? Do you have people, other than yourself, to support financially? Other Factors That Affect Your Settlement Every aspect of your life prior to the accident, and every choice you made after the accident has the potential to affect your case and your subsequent settlement from the claim. Here are some of the other factors that can affect your settlement from your car accident claim: Are you married? Do you have children or other dependents? Do you have car insurance and uninsured motorist coverage? Did you hire a car accident lawyer? Hire Gergley Law Offices, P.C. to Represent You When you’ve been involved in a car accident that wasn’t your fault, and you incurred injuries that require medical treatment, or damages that need to be repaired, you shouldn’t be responsible for paying those costs. That’s why hiring a Kalamazoo/SW Michigan car accident attorney from Gergley Law Offices, P.C. will benefit you. With our legal help, you’ll be able to feel confident in your case. We’ll handle the legal side of things so you can focus on what matters—healing and getting back to your normal life.Contact us today so we can start discussing your potential claim.
Schedule a Case Evaluation
Contact us now!
Homepage FCE Form
By submitting this form, you agree to be contacted by our law firm, either by phone, text or by email.
Hours
- Mon - Fri
- -
- Sat - Sun
- Closed
Evening and Weekend Appointments are available for your convenience.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.