Highly Experienced & Skilled Truck Accident Law Firm
Even though truck drivers are not employees of the state or federal government, they are bound by the Hours of Service regulations from the Federal Motor Carrier Safety Administration (FMCSA).
One of the biggest factors in truck driver negligence is drowsy driving. If a driver does not get enough rest before getting behind the wheel of a large commercial truck, they are naturally more prone to falling asleep or losing focus when they’re supposed to be devoting their undivided attention to the road.
If you or a loved one have been involved in an accident caused by a drowsy truck driver, Chris Corzo Injury Attorneys is here to help. Our Baton Rouge truck accident lawyers can assist in holding negligent truck drivers and their employers accountable for the harm they cause. In this guide, we will explore the dangers of fatigued driving, the regulations meant to prevent it, and the steps you can take to pursue a claim.
Call (225) 999-1111 or fill out our online contact form today to request a free consultation.
What is Fatigued Driving?
Fatigued driving refers to operating a vehicle while feeling drowsy, tired, or fatigued. When a driver is fatigued, their reaction time, decision-making abilities, and focus are impaired, making them a danger on the road. Truck drivers, who often spend long hours behind the wheel, are especially vulnerable to fatigue.
The large size and weight of commercial trucks mean that even minor mistakes can lead to devastating accidents. Fatigued driving is particularly dangerous for truckers because it increases the likelihood of missing critical cues, like traffic signals or the behavior of other drivers, resulting in collisions with cars or other motor vehicles.
Some of the most frequent reasons include:
- Long Hours on the Road: Truck drivers often work long shifts, with some spending over 10 hours driving in a single day. These long hours can lead to exhaustion, particularly when drivers don’t take enough breaks.
- Pressure to Meet Deadlines: Many truckers face intense pressure to meet tight delivery schedules. Whether it’s a dispatcher demanding fast service or an employer pushing for more trips, these demands can cause drivers to cut corners on rest.
- Night Driving: Truckers frequently drive through the night to avoid traffic and meet delivery windows. Nighttime driving can contribute to fatigue, as the body’s natural circadian rhythms make it more challenging to stay alert during late hours.
- Sleep Disorders: Many truck drivers suffer from sleep disorders like sleep apnea, which can prevent them from getting quality rest. Without adequate sleep, drivers are more likely to become fatigued.
- Improper Breaks: Some drivers may skip their breaks or reduce their rest times to complete a route more quickly, increasing their risk of drowsiness on the road.
When a commercial truck driver is involved in an accident, the repercussions can be severe, including injuries or fatalities. Moreover, truck companies and drivers can face serious legal penalties for accidents caused by driver fatigue, including lawsuits and hefty fines.
Prevalence of Driver Fatigue in Commercial Drivers
Truck driving is a demanding profession that often requires long hours, little sleep, and tight deadlines. According to a study conducted by the Federal Motor Carrier Safety Administration (FMCSA), about 13% of commercial motor vehicle drivers involved in a crash were reported to have been fatigued at the time of the crash. Alarmingly, a separate survey from the National Sleep Foundation found that nearly 20% of drivers were overly confident in their ability to drive after sleeping only 2 hours or less the previous night.
FMSCA Hours of Service Regulations
To help prevent fatigued driving among truckers, the FMCSA has established Hours of Service (HOS) Regulations. These rules set limits on the number of hours a truck driver can work and mandate specific rest periods. Key regulations include:
- 11-Hour Driving Limit: Truck drivers are allowed to drive for a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Workday Limit: A trucker may not drive beyond the 14th consecutive hour after coming on duty, even if they take breaks during this period.
- 30-Minute Break Rule: After 8 cumulative hours of driving without at least a 30-minute break, a driver must take a break before continuing.
- 60/70-Hour Limit: Drivers are limited to 60 hours on duty over 7 consecutive days or 70 hours over 8 consecutive days.
Failure to adhere to these regulations can lead to driver fatigue and serious accidents. If a driver violates these rules and causes a crash, they may be held legally liable for the damages.
Drivers should also practice good sleep hygiene, such as:
- Reinforcing regular sleep patterns
- Eating well
- Maintaining a healthy exercise regimen
Commercial truck drivers who fail to get adequate sleep or rest are putting themselves and others in danger of accidents or collisions. To avoid the risks of driver fatigue, it is important for drivers to prioritize their rest and follow the HOS regulations.
Who is Liable for a Fatigued Trucker Accident?
Determining liability in a fatigued truck driver accident can be complex. Multiple parties may share responsibility, including:
- The Truck Driver: If a driver ignores rest periods, falsifies their driving logs, or falls asleep at the wheel, they can be held liable for an accident caused by their negligence.
- The Trucking Company: Employers may be responsible if they encourage drivers to work beyond their hours of service limits or fail to monitor their compliance with HOS regulations. Some companies push drivers to meet unrealistic deadlines, making them complicit in fatigue-related crashes.
- Other Parties: Depending on the circumstances, cargo loaders, third-party dispatchers, or other entities involved in the logistics chain may share some liability for an accident involving a fatigued driver.
At Chris Corzo Injury Attorneys, we thoroughly investigate every aspect of your case to determine who should be held accountable. Our legal team will gather evidence such as driving logs, eyewitness statements, and surveillance footage to build a strong claim on your behalf.
Proving Truck Driver Fatigue in an Accident Claim
Proving that fatigue was the cause of a truck accident can be challenging, but it’s crucial for winning your case. Evidence that can be used to establish driver fatigue includes:
- Driver Logs: Reviewing electronic logging devices (ELDs) or manual logs to check for violations of hours of service regulations.
- Eyewitness Testimony: Witnesses may have noticed the driver swerving, speeding, or appearing drowsy just before the accident occurred.
- Surveillance Footage: Video evidence from traffic cameras or businesses may show signs of driver fatigue, such as slow reaction times or erratic driving.
- Driver Statements: If the driver admits to being tired or falling asleep, this can serve as powerful evidence in your claim.
- Black Box Data: Commercial trucks are often equipped with black boxes that record information such as speed, brake usage, and hours of operation leading up to the crash.
Why Choose Us?
If you’ve been injured in a truck accident caused by a fatigued driver, you don’t have to face the legal process alone. As your dedicated Baton Rouge fatigued truck driver lawyer, we will:
- Investigate the accident to determine the cause and identify liable parties
- Work with medical experts to document the extent of your injuries and calculate fair compensation
- Handle all negotiations with insurance companies to ensure you receive the settlement you deserve
- Take your case to court if necessary to secure the best possible outcome
Our Baton Rouge based injury law firm understands the devastating impact a truck accident can have on your life, and we’re here to fight for justice on your behalf.
Contact us today. We look forward to hearing from you.