Any vehicle operator can get behind the wheel when they are exhausted, have not had enough sleep, are “forced” to work or they are too tired to drive safely. The risks of tired or fatigued driving increases in the trucking industry. Truck operators, of course, earn their livelihood only when their truck is moving on the road. Truck operators are under tremendous pressure to meet tight deadlines, regardless of traffic and road conditions. Many truckers spend much longer times driving than they should to meet the deadlines and earn a living. Because of these real pressures, truckers are often forced to operate their trucks when they are too tired and have not had enough rest. Truckers may nod off or even fall asleep behind the wheel, causing catastrophic collisions. Even drowsiness or not being 100% alert can slow truck drivers’ reaction times to changing traffic conditions. Accidents occur that could be avoided if the truck operator had been more alert to braked promptly. Sometimes it happens that a truck driver is too tired to properly check blind spots. Sometimes truck drivers are too tired to make careful moves and engage in dangerous maneuvers, swerving or too suddenly making a turn or changing lanes.
Because of the real problem of truck driver fatigue, the Federal Motor Carrier Safety Administration has enacted rules that aim to combat truck driver fatigue. According to the FMCSA rules, truckers are supposed to only be on duty for no longer than 14 consecutive hours in a 24-hour period. Truck operators are not supposed to drive for more than 11 hours during a 24-hour period. (The FMCSA makes some exceptions for traffic slowdowns, accidents, and bad weather.) Truck drivers are also not permitted to be on duty for more than 60 hours in a seven-day period or 70 hours in an eight-day period. Keep in mind that all truckers are required to record their hours in logbooks. The on-duty cycle may be restarted whenever a truck driver takes at least 34 consecutive hours off-duty.
Short-haul truck drivers (truck operators who routinely return to place of dispatch after each tour or shift and are released from duty from the original dispatch point) may, under applicable rules, have an increased on-duty period of 16 hours once during any seven-consecutive-day period. The 16-hour exception is supposed to accommodate legitimate business needs without jeopardizing safety. FMCSA estimates that without the extra two on-duty hours, the industry would be required to hire at least 48,000 new truck drivers, which, in theory, would reduce the intended crash-reduction benefits.
All these regulations are intended for the protection of the public, other drivers, and the truck drivers themselves who are operating all kinds of huge tractor trailers operating on our roads. Unfortunately, not all truck drivers conform to these important rules. In our experience at Giordano Law Offices Personal Injury & Employment Lawyers, we have determined that truck drivers sometimes falsify their records and conceal violations of the regulations aimed at protecting against truck driver fatigue, putting us all in danger. Some analysts have determined that 1 in 5 long-haul truck operators have admitted to falling asleep at the wheel at least once within their last month of operation.
As an operator of a smaller motor vehicle, car, motorcycle, SUV, sedan, van, pickup truck, etc., you should keep in mind the special dangers relating to trucks and truck driver fatigue when you are in the vicinity of larger trucks. Keep in mind that you have no way of knowing whether that truck driver has followed the rules, whether they are running late, have particular financial pressures pushing them to overlook the safety protocols or are just overtired. Never pass a truck on the right side – you will end up in the truck driver’s blind spot and increase your risks of a dangerous accident. Flash your lights when you are going to pass a truck correctly on the left side of that truck when conditions permit. Never tail-gate a truck and never cut in until you have sufficiently passed a truck. Remember, trucks require far more stopping time and distance than your car.
At Giordano Law Offices Personal Injury & Employment Lawyers, experienced truck accident attorneys can determine whether a violation of a truck driver safety rule has occurred, though it is not always easy, especially if the truck operator or trucking company has falsified records relating to hours of service. If you have the great misfortune to be injured in a truck accident, you should retain an experienced truck accident lawyer who can review not only the trucking records but also all related evidence from the accident including the data recorder, known as the Black Box of the truck. That data may reveal that the driver remained behind the wheel for longer than industry regulations permit.