Client Review by Trucker Injured in 3 Semi CrashBasics
Truck drivers often drive long distances and work long hours. Not surprisingly, driver fatigue is a long-standing trucking industry problem and a critical safety issue for truckers and trucking companies. Driver fatigue can cause:
- Inattentive driving,
- Reduced alertness,
- Drowsiness,
- Sleepiness behind the wheel
- Impair ability to drive safely
In extreme cases truckers have fallen asleep behind the wheel briefly, or for longer periods, with disastrous results. Not surprisingly, the largest proportion of fatigue related big truck wrecks happen between 1:00 a.m. and 6:00 a.m on straight roads at highway speed.
Some of the known risk factors associated with 18 wheeler crashes caused by fatigue include:
- Exceeding permitted hours-of-service
- Sleep disorders like undiagnosed or untreated sleep apnea
- Overnight driving
- Extended work periods
- Split-shift work schedules
- Rotating or changing work schedules
- Unpredictable schedules
- Sleep disruption
While there are warning signs of truck driver fatigue like taking longer to react to situations and not performing traffic scans properly, it can be difficult to accurately measure a driver’s alertness level or the extent of which he or she has been deprived of sleep. Some technology now exists to monitor truck driver alertness and warn the driver if there is a problem.
Federal Motor Carrier Safety Regulations
To reduce big truck wrecks caused by driver fatigue in Missouri, Kansas and across the country, the Federal Motor Carrier Safety Administration (FMCSA) adopted the Federal Motor Carrier Safety Regulations (FMCSRs). These are a comprehensive set of rules covering many aspects of trucking company operations and commercial truck driving. Part 395 of the FMCSRs contain Hour of Service (HOS) rules. They are designed to reduce truck driver fatigue and truck accidents caused by tired, sleepy truckers driving 80,000 pound 18 wheelers.
The HOS rules are detailed, technical and undergo periodic changes. For this page, let’s just say that the HOS rules limit the hours a trucker can drive or be on duty, contain requirements for breaks and numerous other rules designed to reduce driver fatigue and truck crashes caused by it. Driving more, or working longer than the HOS rules allow can result in 18 wheeler accidents and other big truck accidents due to drivers being inattentive, not reacting quickly enough and even falling asleep at the wheel. n addition to the HOS rules, FMCSR 392.3 prohibits drivers from driving commercial vehicles and trucking companies allowing them to drive when their alertness or ability is reduced or likely to become reduced by sickness, fatigue or other reason which makes unsafe for them to continue driving the truck.
Under the FMCSRs many truck drivers are required to keep a current log recording the dates and times they were driving, on-duty time and other information. This is so the trucking company, motor carrier inspectors and others can verify compliance with the HOS rules. Historically, these logs were kept in a paper log book. Some in the trucking industry referred to paper log books as “lie” or “joke” books because they were easily falsified. Some truck drivers were known to keep two sets of logs. One contained the true hours and the other contained false information to designed to show police and motor carrier inspectors that the driver was complying with the HOS rules.
Electronic logging devices (ELDs) have largely replaced paper logs. The ELDs are generally connected with electronics in the truck’s engine and collect data from the engine, driver input and other sources. ELDs were adopted because it was thought they were less likely to be falsified than paper logs. This may be true. However inventive individuals and companies have found ways to game the ELDs so that the information they show is not accurate.
Hours of Service and Log Violations
Unfortunately, HOS and log violations are not uncommon. Some typical violations are driving more hours than the HOS rules allow, falsifying logs or not keeping them up to date. Your Kansas City truck accident attorney will probably want to request copies of the driver’s logs to determine if the driver was complying with the HOS rules or if the driver was on duty or had driven more that the rules allow.
Prevalence
At present, driver fatigue continues to be a major truck accident cause or contributing factor. National Transportation Safety Board data indicates that driver fatigue is a likely factor in 20 to 40 percent of all truck accidents. U.S. Department of Transportation (US DOT) data indicates that more than 80% of the general public believe that fatigued truck drivers are a severe threat to the safety of others.
Injury Potential
Being injured in a truck accident caused by a fatigued trucker can be a life changing event. Victims can sustain serious injuries such as spinal cord injury, back injuries, head trauma, broken bones, disfigurement, amputations, whiplash, and burns. Fatalities can also occur.
If you or someone you love was seriously injured, disabled, or killed in a truck accident caused by fatigue, call Flick Truck Accident Law as soon as possible. Since 1995, we have successfully handled big truck accident cases, and work hard to get you full and fair financial compensation for your accident-related damages, including medical expenses, rehabilitation costs, lost wages, and pain and suffering.