The dangers of a truck driver fatigue
The commercial trucking industry has become a crucial part
of interstate commerce, so it’s not unusual to see semi-trucks on a regular
basis. Unfortunately, aside from allowing for the transportation of mass
amounts of goods, these trucks also pose a serious risk to other drivers. For
this reason, the federal government requires trucking companies and their
drivers to comply with certain rules regarding driving time, as well as cargo
loading and maintenance procedures. While many trucking companies and their
employees are careful to adhere to these rules, some do not, which can have
devastating consequences for others on the road, so if you were involved in a
collision with a commercial truck, it is critical to speak with an experienced truck
accident attorney who can help you seek compensation for your losses.
What is Truck Driver Fatigue?
Driver fatigue causes an alarming number of collisions every
year. In fact, the Insurance Institute for Highway Safety (IIHS) has even
reported that as many as ten percents of all truck accidents are caused by
truck driver fatigue, which is a term used to describe the point at which a
driver’s reaction time becomes impaired as a result of exhaustion. Driver
fatigue has a variety of causes, ranging from taking certain medications and
consuming alcohol to specific kinds of medical conditions and a lack of sleep.
However, the most common cause of driver fatigue is overwork.
To help ensure that truck drivers are not overextended, the
Federal Motor Carrier Safety Administration (FMCSA) prohibits:
·
Driving more than eleven out of every 14 hours;
·
Starting a shift without having had at least ten
consecutive hours off duty;
·
Driving if the driver has been on duty for 70
hours in the last eight days; and
·
Driving after working for more than 60 hours
over a one week period.
·
Truck drivers are also required to take
half-hour breaks every eight hours.
Who is Liable?
Truck drivers who fall asleep at the wheel and cause
accidents can be held liable for the lost wages, vehicle repair, and medical
expenses incurred by injured parties. However, these are not the only
individuals who can be held responsible, as the trucking company itself could
be required to compensate victims if it forced its drivers to work too many
hours or failed to supervise driving logs.
Proving that a driver’s fatigue was the cause of an accident
is crucial, so injured parties will need to collect copies of the police
report, evaluate the driver’s logbooks and in-vehicle technologies, and request
copies of the driver’s medical examination reports. When there is evidence that
a truck driver was clearly at fault, many trucking companies are willing to
reach a settlement with the injured parties, although in some cases, the claim
will need to be litigated in court.
Get a legal representation with an experienced truck
accident attorney for any accident-related questions and concerns.
At SAM LAW OFFICE, LLC,
in Rolling Meadows, Illinois, our trucking accident attorney aggressively pursues personal injury claims on behalf
of our clients.
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