Unfortunately, when truck drivers are under pressure to make deliveries on time, you are often the one who pays the price. Truck drivers may work odd hours or violate federal regulations because they know customers need and expect their deliveries on time. Fatigued driving puts everyone on the road at risk, and there is nothing you can do about their schedule. If you have been involved in a truck accident, reach out to an experienced Gastonia truck accident lawyer at Horton & Mendez Injury Attorneys to learn more about your case.
How Fatigue Affects Truck Drivers
Fatigue is one of the top risk factors in trucking accidents, as the nature of the job itself lends to fatigue. Not only are truck drivers on the road for long periods of time but operating a tractor-trailer in and of itself is a strenuous job requiring continuous focus.
Fatigue affects truck drivers in a number of ways, including:
- It dulls their reflexes and causes them to react more slowly.
- It impacts a driver’s judgment and may cause them to make poor decisions.
- There is a much greater risk that the truck driver may nod off behind the wheel.
- They are not able to concentrate as well when tired.
- Trucks have a large number of blind spots, and drivers may not be able to appropriately check them when fatigued.
Because they continuously make decisions when operating a commercial vehicle, truck drivers need to be sharp at all times. Fatigue simply reduces a truck driver’s ability to do their job safely.
Regulations To Prevent Fatigue in Truck Drivers
For decades, federal regulations have limited the amount of time truck drivers may be behind the wheel. They are required to limit their shifts to the following:
- Drivers cannot drive more than 11 hours within a 14-hour period after returning to duty following ten consecutive hours off duty.
- Drivers cannot drive more than eight hours without taking a break of at least thirty minutes.
- Drivers cannot drive more than sixty hours on duty in a seven-day period or 70 hours on duty in an eight-day period. A driver may restart a seven/eight consecutive day period after taking 34 or more consecutive hours off duty.
- Drivers may split their required 10-hour off-duty period as long as one off-duty period (whether in or out of the sleeper berth) is at least two hours long and the other period involves at least seven consecutive hours that they spend in the sleeper berth of the truck.
Why Truck Drivers Are Still Fatigued
Even if the truck driver follows the hours of service regulations, they may still be fatigued behind the wheel. While the truck driver must spend a certain amount of time in the cab, it is up to them to ensure they get the appropriate rest. Unfortunately, there is no legal regulation that forces a truck driver to actually sleep. All that can be controlled is the number of hours behind the wheel.
Nobody can control the driver’s schedule in the remaining hours or what they do during this rest period.
Truck drivers are often on the road late at night. They know they have a limited amount of time to drive and have the time pressure of making the delivery. Accordingly, they may choose to drive at a time when there are fewer cars on the road and run less risk of being caught in traffic.
They can then maximize the distance they can travel during their available hours. Driving late at night, even if the truck driver has gotten sleep, can throw off body rhythms and lead to fatigue.
The Dangers of Fatigued Driving Accidents
Fatigued truck driving accidents may be even worse than other types of crashes. When a driver falls asleep behind the wheel, they are likely to lose control of the truck at a high speed.
Additionally, passenger car drivers are not able to anticipate the actions of a fatigued truck driver, so they often cannot take any type of evasive action.
Most truck drivers will be fatigued at one time or another, and they may not be able to focus on their job, making them a danger to every car on the road. They may rear-end other vehicles, not allow enough stopping distance, or miss the opportunity to apply the brakes in time.
Legal Implications of Fatigued Driving in Truck Accidents
If a truck driver caused an accident while driving fatigued, they may be found to have been negligent. They would be legally responsible for the damages they caused.
The trucking company would also be responsible for the actions of their drivers when accidents happened during the course of their job duties. Your truck accident attorney could conduct an investigation of the trucking company’s actions to determine whether they have a pattern of noncompliance with federal regulations or are pressuring their drivers to ignore hours of service rules. If that is the case, a jury may assess large punitive damages against the trucking company. You could obtain this evidence during the discovery process when your attorney requests relevant corporate communications or when they interview witnesses in depositions.
If you can uncover evidence of corporate wrongdoing, it can increase your leverage in settlement negotiations. The trucking company may realize that it is not in their best interests to fight your claim.
Contact Our Experienced Gastonia Truck Accident Lawyers
If you or a loved one has been injured in a fatigued driving truck accident, you may be entitled to substantial financial compensation. Reach out to the Gastonia truck accident lawyers at Horton & Mendez to begin the legal process. Call us today at 910-405-7751 or send us a message through our website to schedule a free initial consultation. We charge nothing unless you win your case.
