Truck driver fatigue has proven to be such a danger that the federal government has conducted studies, distilled data, and issued federal regulations limiting the time truckers can spend behind the wheel. Truck drivers who violate these rules and cause an accident can be held liable for the injuries they do to others, as can the trucking companies that employ them.
The Large Truck Crash Causation Study (LTCCS) determined that 13 percent of commercial truck drivers were fatigued when they crashed. Even if these drivers were not breaking any rules, the fact that they were tired and did not pull over can be enough to prove negligence. If you encounter fatigued truck drivers in Hitchcock accidents and you are struggling with physical, financial, or emotional injuries because of it, call the knowledgeable truck crash lawyers at Schechter, Shaffer & Harris for a case assessment and caring representation.
What is Fatigue Behind the Wheel?
If you exert yourself physically or mentally to the point where your driving ability is impaired, you are fatigued. Truck driver fatigue occurs from lack of restful sleep, driving too many hours, strenuous work, such as loading and unloading cargo, or a combination of factors. For instance, a Federal Motor Carrier Safety Administration (FMCSA) study found the time of day that truckers drive can exacerbate fatigue.
Drivers are less alert at night, particularly after midnight, than they are during the day. Couple that with long hours behind the wheel, and catastrophic injuries are more likely to be caused by fatigued truckers in Hitchcock accidents.
What Federal Law Says About Fatigued Truck Drivers
The Code of Federal Regulations § 392.3 discusses fatigued truck drivers and forbids them from operating a commercial motor vehicle when their alertness and driving ability are compromised or so close to being compromised that they become a danger on the road if they continue. However, under grave emergencies, a trucker can continue to the nearest safe place in which the danger is de-escalated.
Federal law also limits a trucker’s day by:
- Imposing an 11-hour workday after 10 consecutive hours away from work, which can be extended by two hours if adverse driving conditions occur
- The required 10 hours away from work can be split as long as one off-duty period is for two hours and at least seven hours are spent in the sleeper berth, although all sleeper berth pairings must add up to at least 10 hours
- Requiring that drivers take a 30-minute non-driving break after driving for eight hours without at least a 30-minute interruption
- Limiting drivers to 60 hours behind the wheel in seven consecutive days or 70 hours behind the wheel in eight consecutive days
- The seven or eight consecutive days can be resumed after the driver takes 34 or more consecutive hours off
The rules are crucial to ensure that a truck driver is refreshed and alert. If they are not followed, fatigued truck drivers are prone to cause accidents in Hitchcock and elsewhere.
Let Our Attorneys Hold Fatigued Truck Drivers Accountable if You Are Injured in a Hitchcock Accident
Truckers may drive while fatigued because they have been promised a bonus for early delivery, or the trucking company may coerce the trucker into fudging logs to comply with federal law. In both instances, negligence can be shown because the parties acted below their responsibilities, causing a foreseeable accident in which you are injured.
The personal injury attorneys at Schechter, Shaffer & Harris understand how traumatic your involvement in an accident caused by a negligent truck driver can be, and we apply our knowledge and skills to make it right for you. We seek the money you need to pay medical bills, replace lost wages, and rectify the emotional trauma you are subjected to by fatigued truck drivers in Hitchcock accidents.
