The Dangers of Truck Driver Fatigue

Most trucking companies pay commercial truck drivers by the number of miles they drive, so they have an incentive to keep driving no matter how tired they are. However, a drowsy truck driver can cause a horrendous accident that severely injures or kills other motorists and their passengers. In fact, truck driver fatigue is a leading cause of truck accidents.

If you suffered injuries or lost a loved one in a truck accident a fatigued truck driver caused, you may obtain compensation for your injuries and losses. Establishing liability and obtaining compensation from all at-fault parties requires completing complex and challenging processes in most truck accident claims, so you need to consult an experienced truck accident lawyer for help.

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What Makes Truck Driver Fatigue so Dangerous?

Truck driver fatigue poses significant dangers to both truck drivers and other road users. Fatigue can impair a driver’s ability to react quickly and make sound decisions, leading to an increased risk of accidents. Some industry experts claim that fatigued driving creates the same level of impairment as drunk or drugged driving.

Truck driver fatigue causes these common dangers:

• Increased likelihood of accidents. Fatigue slows down reaction time and impairs judgment, leading to an increased risk of accidents. A drowsy driver may fail to notice hazards, miss traffic signals, or make critical errors while operating a large commercial vehicle, resulting in severe collisions.
• Decreased alertness and concentration. Fatigue can cause a truck driver to become less attentive and focused on the road. It impairs their ability to maintain a steady speed, stay within designated lanes, and respond to changing traffic conditions promptly. This lack of concentration can lead to drifting into other lanes, rear-end collisions, or failure to respond to sudden obstacles.
• Impaired decision-making. Fatigue affects cognitive abilities and can impair a driver’s decision-making skills. This may lead to misjudging distances, underestimating the speed of other vehicles, or making risky maneuvers that increase the likelihood of accidents.
• Increased risk of falling asleep at the wheel. Driving without adequate rest can increase the chances of a truck driver falling asleep at the wheel. Falling asleep, even for a few seconds, can cause a catastrophe when operating a large, heavy vehicle at high speeds.
• Health issues and chronic fatigue. Long-haul truck drivers often face irregular schedules, extended hours of driving, and sleep disruptions. This can lead to chronic fatigue, sleep disorders, cardiovascular problems, obesity, and mental health disorders. These health concerns further contribute to driver fatigue and increase the risks on the road.
• Legal and financial consequences. If a fatigued truck driver causes an accident, it can result in significant legal and financial consequences. Trucking companies can face lawsuits, regulatory fines, increased insurance premiums, and damage to their reputation. Moreover, the drivers themselves may face legal liabilities and may lose their commercial driving licenses.

To address the dangers of truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) established regulations that limit driving hours and mandate sufficient rest periods. However, some truck drivers and trucking companies disregard the regulations.

Speak with a truck accident attorney, as they will have the resources to investigate the truck driver’s driving logs to determine if they violated any FMCSA hours of service requirements.

What Are Federal Regulations Regarding Truck Driving?

Truck driving regulations typically limit the hours a truck driver can drive within a specified time. These regulations prevent driver fatigue and promote road safety.

FMCSA’s regulations regarding truck driving include:

• Hours of Service (HOS). FMCSA establishes the hours of service regulations for truck drivers operating commercial motor vehicles (CMVs) in interstate commerce. The key provisions for property-carrying CMV drivers are:
  • 14-Hour Duty Limit: A driver cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
  • 11-Hour Driving Limit: A driver cannot drive for more than 11 hours after 10 consecutive hours off duty.
  • 30-Minute Rest Break: A driver must take a minimum 30-minute break if more than eight hours have passed since their last off-duty or sleeper-berth period.
  • 60/70-Hour Duty Limit: A driver cannot drive after 60/70 hours on duty in seven/eight consecutive days. The driver must take a minimum of 34 consecutive hours off duty before starting a new seven/eight-day period.
  • Sleeper-Berth Provision: Drivers using a sleeper-berth to accumulate their required off-duty time must spend at least eight hours in the sleeper berth, plus a separate two hours either in the sleeper berth, off duty, or a combination of both.

Truck drivers and trucking companies must comply with these regulations to ensure driver safety and promote road safety. Non-compliance with these regulations can result in penalties, fines, and other legal consequences.

In addition to any administrative consequences, you can hold a truck driver or trucking company liable if a fatigued truck driver caused an accident that seriously injured you or a loved one.

Who Can I Hold Responsible for a Fatigued Truck Driver Accident?

Determining responsibility for a fatigued truck driver accident involves examining various factors and parties involved.

Some key stakeholders that may bear responsibility for your truck accident injuries include:

• Truck driver. The truck driver has a primary responsibility to ensure they are fit to drive and not fatigued. They must comply with hours of service regulations, take appropriate breaks, and prioritize sufficient rest and sleep. If a truck driver chooses to drive while fatigued or fails to adhere to safety protocols, they may bear partial or full responsibility for the accident.
• Trucking company/employer. The truck driver’s trucking company or employer has a duty to prioritize safety and implement policies and practices that prevent driver fatigue. They must establish reasonable schedules, ensure compliance with regulations, provide appropriate training, and address any concerns related to driver fatigue. If the trucking company neglects these responsibilities or encourages unsafe practices that contribute to driver fatigue, they may share liability for the accident.
• Shippers and receivers. In some cases, the parties responsible for loading and unloading the cargo, such as shippers and receivers, may contribute to driver fatigue. Delays at these locations can disrupt rest schedules, increase driving hours, and result in fatigue-related accidents. If your attorney can prove that the actions or negligence of these parties directly led to driver fatigue, you may hold them partially responsible.
• Maintenance and repair personnel. Adequate maintenance and repairs of trucks ensure safe operation. If mechanical failures or issues arise due to negligence in maintenance, it could contribute to an accident. In such cases, the maintenance and repair personnel or the company responsible for maintaining the truck may bear liability.
• Other involved parties. Depending on the circumstances, other parties may hold liability for the truck accident, such as government entities responsible for road maintenance or traffic control, manufacturers of faulty equipment, or drivers of other vehicles involved in the accident.

Determining responsibility in a fatigued truck driver accident will require your attorney to thoroughly investigate the accident and gather all necessary evidence. After establishing liability on the at-fault parties, your attorney can pursue appropriate legal action and fight for your rights and interests.

What Damages Can I Recover In a Truck Accident Claim?

In a truck accident case, you may recover damages.

Here are some common damages you may pursue in a truck accident claim:

• Economic damages. These damages compensate for the financial losses incurred in the accident. They include:
  • Medical expenses: Compensation for past, current, and future medical bills, including hospitalization, surgeries, medications, rehabilitation, therapy, and assistive devices.
  • Lost income: Compensation for income lost due to missed workdays or the inability to work while recovering from the accident.
  • Loss of earning capacity: If the accident resulted in long-term or permanent disabilities that reduce your ability to earn income, you may recover compensation for the loss of future earning capacity.
  • Property damage: Reimbursement for the repair or replacement of your vehicle or other personal property the accident damaged.
• Non-economic damages. These damages compensate for intangible losses that are more difficult to quantify in monetary terms. They include:
  • Pain and suffering: Compensation for physical pain, emotional distress, mental anguish, and the overall reduction of your quality of life.
  • Emotional distress: Compensation for psychological trauma, anxiety, depression, or other emotional hardships resulting from the accident.
  • Loss of consortium: If the accident resulted in the loss of companionship, support, or intimacy with a spouse or partner, they may seek compensation for these losses.
  • Loss of enjoyment of life: Compensation for the inability to participate in activities and enjoy life as you did before the accident due to injuries or disabilities.
• Punitive damages. In cases involving particularly reckless, intentional, or grossly negligent behavior, the court may award punitive damages to punish the defendant and deter similar misconduct. However, courts only award punitive damages at their own discretion, and they require a higher burden of proof.

Consult a personal injury attorney who focuses on truck accidents to evaluate your case, determine the types of damages you may seek, and guide you through the legal process of pursuing a claim or lawsuit. An attorney can provide specific advice based on the laws applicable in your jurisdiction and the details of your case.

You have a limited time to pursue compensation following a truck accident. For instance, Florida allows you only two years to file a lawsuit in court, and Washington state allows you three years. Therefore, you need to start as soon as possible and contact an attorney right away.

Contact an Experienced Truck Accident Attorney Today

A fully loaded semi can weigh up to 80,000 pounds, and when a truck driver is too tired to control their vehicle, disaster often results. If you sustained severe injuries or lost a close family member in a truck accident a fatigued truck driver caused, contact a personal injury attorney in Tampa today for a free review of your case and advice regarding your options.

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Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603

Phone: 813-725-5606