Changes Needed to Deal with Truck Driver Fatigue

March 10, 2011

Changes Needed to Deal with Truck Driver Fatigue

Last fall, the National Transportation Safety Board (NTSB) released their official findings for the causes of a devastating trucking accident that occurred outside of Miami, Oklahoma, in June 2008. The truck accident took 10 lives and injured five others. The collision occurred when the truck driver failed to notice that traffic had come to a stop on I-44 and ran into the back of an SUV at 69 miles per hour. The semi-truck then overrode three additional vehicles, causing them to hit other cars.

In its findings, the NTSB attributed truck driver fatigue from acute sleep loss for causing the accident. The NTSB noted that there is a lack of federal regulations and programs to adequately deal with truck driver fatigue and said that this accident highlights the need for several changes, including:
-Creating comprehensive fatigue management plans for commercial drivers
-Requiring the installation of event and data recorders in all commercial vehicles
-Requiring all heavy commercial vehicles to come equipped with collision warning systems

To help effectuate these changes, the NTSB asked the Federal Motor Carrier Safety Administration (FMCSA) - the federal agency in charge of regulating the commercial carrier industry - to pass regulations requiring all heavy trucks to have video event recorders installed and to adopt a fatigue management program for truck drivers based on the North American Fatigue Management Program.

The NTSB also asked the National Highway Transportation Safety Administration (NHTSA) - the agency in charge of traffic safety regulations - to create performance standards for event data recorders and to pass regulations requiring all trucks over 10,000 pounds to be equipped with them. Additionally, the NTSB asked the NHTSA to require use of collision warning systems on new commercial vehicles and to develop other technologies to reduce fatigue accidents.

In its report, the NTSB said it if these changes were made, the number of fatigue trucking accidents could be reduced and fatal accidents like the one in Oklahoma could be prevented.

Current Laws to Prevent Truck Driver Fatigue Ineffective

Current federal regulations limit the amount of time that truck drivers can spend behind the wheel of a semi-truck. Known as "hours of service" laws, these regulations prevent truck drivers from:
-Driving more than 11 consecutive hours in a 14 hour period following 10 consecutive hours off-duty
-Driving more than a total of 14 hours in any 24 hour time period
-Being on-duty (which includes all time at work, whether actually driving or not) more than 60 hours in a seven day consecutive period or more than 70 hours in a eight day consecutive period

However, these regulations have proven insufficient to prevent tired drivers from continuing to work. The NTSB estimates that truck driver fatigue is a factor in 20 to 40 percent of all truck crashes. In 2009, out of the 3380 people who died nationally in trucking accidents, the FMCSA estimates that 750 of those deaths and more than 20,000 injuries were caused by truck driver fatigue.

While there may be many factors that encourage truck drivers to remain on the road longer than they should, the primary motivating factor is a financial one. The commercial carrier industry makes money by delivering cargo on-time or before schedule. In some cases, these rigorous schedules may be at odds with the hours of service regulations, putting drivers in a situation where it is in their best interests to deliver the load on-time rather than follow the law. The problem, however, is that tired truck drivers put everyone else on the road at serious risk.

Other common causes of trucking accidents include:
-Improperly loaded trucks, including overloading and failing to properly secure the cargo
-Aggressive driving, including speeding and following passenger vehicles too closely
-Distracted driving, including talking on a cell phone, texting while driving and using on-board computer system to access the Internet
-Weather
-Road conditions
-Performance or mechanical problems with the truck

Taking Legal Action after a Trucking Accident

Those who have been injured or who have lost a loved in a trucking accident have the right to take legal action against the truck driver. Truck drivers are professional drivers and have a responsibility to perform their job duties in a safe and responsible manner. This includes following state and federal regulations that limit the amount of time they can spend driving and on-duty.

When truck drivers fail to operate their vehicles safely and someone is injured or dies as a result, the at-fault truck driver may be required to pay compensation to those who have suffered losses as a result of his or her actions. Some of the types of compensation that may be available in a trucking accident include:
-Medical expenses
-Rehabilitation costs
-Lost wages, earnings and income
-Loss of future earning capacity
-Disability
-Permanent disfigurement
-Pain and suffering

In some cases, others parties in addition to the truck driver may share liability for a trucking accident. These may include the trucking company, the manufacturer of the truck or a component part of the truck or even a state or local government for defective highway design. An attorney with experience bringing claims on behalf of trucking accident victims can investigate your claim and determine all of the potential responsible parties for your injuries and losses.

For more information, contact an experienced trucking accident lawyer today.

Article provided by Marcus & Mack
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