FMSCA Defends Trucker Driving Hours Rule Change

October 05, 2012 (Press-News.org) It seems to go without saying, but the consequences associated with trucking accidents are quite severe - and in some cases, deadly. After all, other motorists on the road are at an obvious size disadvantage if they face a several-ton truck bearing down on them.

These dangers are all too well-known to drivers in Chicago, given that the Windy City is a major transportation crossroads. Every day, thousands of trucks traverse the interstates in and around the Chicago-land area - interstate highways such as 90, 94, 80, 88 or 55. Tragically, with such trucking activity, interstate trucking accidents are bound to happen on Chicago highways.

Potential trucking accidents become even more likely with truckers driving long hours in order to meet deadlines. Driver fatigue not only puts the truck driver at risk, but also the other motorists sharing the road with them. In fact, according to Federal Motor Carrier Safety Administration (FMCSA), around 755 deaths and 19,705 injuries occur on American roads each year due to commercial drivers who are fatigued.

With these safety concerns in mind, the FMCSA announced new federal hours-of-service rules late last year. The reasoning behind the rule change was that if truck driver hours are optimized to reduce driver fatigue, then highways will be safer for everyone.

Hours-of-Service Litigation

Many trucking organizations are not happy with the FMCSA's attempt to make our nation's roads safer, which means the dispute has ended up in court.

Last week, the FMCSA had to defend its hours-of-service rule in federal court. In their brief, the FMCSA stated, "The HOS rule reflects FMCSA's weighing of scientific evidence and its careful consideration of the potential impacts on health and safety, as well as the costs and the effects of the rule on the public and the regulated industry."

Opponents to these rule changes, specifically the American Trucking Associations, chiefly disagree with three sections of the new hours-of-service rules. Specifically, they object to the:
- 11-hour daily driving limit
- 30-minute required breaks
- 34-hour restart provision

Trucking groups claim these changes provide only small safety benefits while severely limiting a driver's ability to drive - all the while adding incredible costs to the economy.

It should be noted that there are other groups who oppose these rule changes, but conversely, they don't think the rules go far enough to protect the public. For example, various safety groups that have petitioned the court actually prefer the 11-hour daily driving limit to be dropped to only 10 hours and to eliminate the restart provision all together.

It remains to be seen how the court will decide these issues, but what cannot be disputed is that trucking accidents will continue to happen. If you or your loved one was recently involved in a truck accident, contact a local personal injury truck accident lawyer for help right away. A personal injury lawyer with experience investigating truck crashes and taking these cases to court can help you hold the appropriate parties responsible and work to get you the compensation you deserve.

Article provided by Woodruff Johnson & Palermo Injury Law Offices
Visit us at www.woodrufflawyers.com