The Dangers of Truck Driver Fatigue
Truck accidents are often devastating, and truck driver fatigue is a common contributor. Truck drivers are often tired and pushed to the limit, and they must quickly adapt to a frequently changing schedule, which can put everyone on the roadways at risk of a catastrophic and deadly collision.
The data on fatigued truck drivers
Fatigued driving is very dangerous. When drivers lack enough sleep, they cannot be attentive, alert, or focused behind the wheel, leading to serious truck accidents. The more tired they become, the more likely they fall asleep and crash into another vehicle or object. According to the National Safety Council, “going more than 20 hours without sleep is the equivalent of driving with a blood-alcohol concentration of 0.08 percent,” which means that a fatigued driver is very similar to a drunk driver. Here is some data on fatigued truck drivers:
- Truck driver fatigue may factor into around 13 percent of crashes involving large commercial vehicles.
- About 65 percent of truck drivers have stated that they frequently drive when feeling tired or drowsy.
- Close to 48 percent of truck drivers mention falling asleep while operating a semi-truck.
- There are around 100,000 accidents caused per year by fatigued driving in the United States, resulting in over 70,000 injuries and 800 fatalities.
Most studies point out that these numbers are underreported. The actual number of accidents, injuries, and fatalities from fatigued driving is likely much higher.
What are the consequences of truck driver fatigue?
Many consequences arise with truck driver fatigue, such as:
- An increase in injuries: Truck driver fatigue increases the possibility of injuries. This is because truck drivers who drive while sleep-deprived are unable to react to certain situations quickly enough, pay attention, or make sound decisions behind the wheel, which can result in severe injuries for the truck driver, other drivers and passengers, pedestrians, and other road users.
- Higher risk of deaths: Truck driver fatigue can also raise the risk of deaths. This risk becomes higher because truck drivers are responsible for operating a heavy, large, and powerful machine, which means that they must remain alert, aware, and attentive at all times to ensure safety. However, if they are falling asleep or nodding off, they cannot do this, which puts everyone around them at risk of being killed.
- Serious property damage: A fully loaded 18-wheeler can weigh up to 80,000 pounds, which is a lot compared to passenger vehicles that weigh around 4,000 pounds and SUVs that weigh around 6,000 pounds. When an 18-wheeler collides with other vehicles, the smaller vehicle experiences disastrous damage. To make matters worse, many 18-wheelers carry hazardous materials, which can lead to fires, explosions, and chemical leaks when an accident occurs.
- Huge financial burdens and losses: Truck accident victims usually experience huge financial burdens and losses. For example, they may have ongoing medical costs, lost income, expensive auto repair fees, rehabilitation expenses, psychiatric and counseling bills, and more.
Truck driver fatigue can also result in legal consequences. For example, if a truck driver in Alabama is caught driving while tired, drowsy, or fatigued, they may lose their Commercial Driver’s License (CDL), be required to pay high fines, and even receive criminal charges. Their employer/ trucking company can also be required to pay high fines and higher insurance premiums. Depending on whether there is a pattern of fatigued driving violations on the company’s record, they could eventually lose their license, leading to their business shutting down.
What are the trucking regulations when it comes to truck driver schedules?
The Federal Motor Carrier Safety Administration (FMCSA) implemented the Hours-of-Service federal regulations to help reduce truck driver fatigue. These regulations aim to prevent accidents, injuries, and deaths due to the effects of driving while drowsy, exhausted, or fatigued. Below, we will list the regulations for property-carrying drivers.
- Legally, they can only drive a maximum of 11 hours after having 10 consecutive off-duty hours.
- Cannot be “on-duty” (includes driving time plus any other work-related activities) more than 14 consecutive hours after returning to duty following the 10 off-duty hours.
- Breaks are required for drivers who have driven for eight cumulative hours without a 30-minute break.
- Not allowed to drive after 60/70 hours on duty in 7/8 consecutive days. The truck driver can restart their 7/8-day period if they have been given at least 34 hours of off-duty time.
- Truck drivers can extend the 11-hour limit or 14-hour window by a maximum of two hours if they encounter bad weather or inclement driving conditions.
Signs that a truck driver is driving while tired or drowsy in Huntsville, AL
When driving near a truck driver, it is important to keep an eye out and watch for any signs of tired or drowsy driving. This may look like:
- Frequent stopping and braking
- Spending a long time at stop lights or stop signs
- Slow reactions to traffic changes/ patterns
- Speeding
- Driving very slow
- Swerving
- Running off the road
- Hugging the centerline
- Drifting into other lanes
If you notice any of these behaviors, keeping a safe distance from the truck is important. If possible, you should allow them to go around you and alert authorities about the potential situation as soon as possible.
Who can be sued if I’m injured by a fatigued truck driver?
Most of the time, two parties can be sued if a fatigued truck driver injures you. These parties are the truck driver themself and the trucking company they are employed by. To sue either successfully, you must prove the truck driver was at fault and directly caused your accident and personal injuries. The trucking company is legally responsible for any accident caused by a driver who is driving on behalf of the trucking company. In a case involving a wreck caused by truck driver fatigue, the trucking company may be held additionally liable if it failed to properly monitor the driver to make sure that he/she was not driving more hours than allowed by law or if it assigned the driver more hauls than he/she could possibly cover within the time allowed under the federal hours-of-service regulations – thus, pushing the driver to the point of fatigue.
At Martin & Helms, our Huntsville truck accident lawyers are ready to help you with the aftermath of your truck accident. Please call our office or submit our contact form today. Our firm is located in Huntsville and Decatur, and we serve clients in Madison, Athens, and surrounding areas.
Since 1995, Clay Martin has concentrated his practice on representing individuals and the families of individuals who have been harmed or injured as a result of the wrongful acts of others. If you need reliable legal help, contact Martin & Helms now.