Available 24/7Trucking is a grueling profession. Long-haulers spend weeks away from their families, racing to distant destinations to deliver freight on a tight deadline. Unsurprisingly, truckers can end up on the road all night as they push past their normal limits.
Truck driver fatigue is a huge problem for the industry. The Law Office of Taylor S. Braithwaite is a veteran-owned law firm committed to helping men and women severely injured in accidents caused by exhausted truckers. These clients did nothing wrong. They were simply in the wrong place at the wrong time when an exhausted trucker crashed into them. You have come to the right firm. An Aiken, SC truck accident lawyer can meet to discuss what happened and the extent of your injuries. We are proud to serve the Central Savannah River Area.
How Truck Driver Fatigue Impacts Performance
Fatigue endangers public safety. A trucker who is exhausted is more prone to making mistakes due to the following:
- Risk of nodding off. A trucker who is asleep, even briefly, is not paying attention to the road. They won’t brake in time or take defensive action if a vehicle or pedestrian is in the way.
- Speeding. A trucker can easily lose track of their speed when they are fatigued and be unable to stop in time to prevent a crash.
- Distorted vision. A trucker’s vision can become distorted when fatigued, especially early in the morning or at night. They might not see someone in front of the truck.
- Delayed reflexes. A trucker might see someone in the way but be unable to hit the brakes in time due to fatigue. The crash is unavoidable.
- Poor judgment. A person makes hasty or risky decisions when they are too tired to think clearly.
Federal Hours of Service Requirements
The federal government regulates trucking. The Federal Motor Carrier Safety Administration has adopted “hours of service” regulations for those who haul goods and people. These requirements limit the number of hours a trucker can work in a day and week.
Here’s an overview of the requirements for those who haul property:
- Maximum of 11 hours driving after 10 straight hours off.
- Cannot drive past the 14th consecutive hour on duty after 10 hours off.
- At least a 30-minute break after driving for 8 cumulative hours.
- Cannot drive after being on duty 60 hours in 7 days and 70 hours in 8 days. Must have at least 34 consecutive hours off.
The trucking industry puts heavy pressure on regulators to loosen these requirements. Thankfully, they have not yet fully succeeded. The FMCSA has fiddled with some requirements regarding sleeper berth breaks but has maintained most of its regulations. Any trucking company that violates these regulations can face sanctions.
Are Accidents Caused by Truck Driver Fatigue?
Despite federal regulations, truckers face enormous pressure to get to their destinations early. They will save their employers money, and they can also get back to see their family.
Unsurprisingly, researchers have linked fatigue to many truck accidents. According to the FMCSA, 13% of truckers were fatigued at the time of their accident. That doesn’t mean that fatigue was the sole cause of the accident, but it likely played a role. This is also a high number given the rules in place to limit the number of hours worked.
The FMCSA has also found that truck driver fatigue is especially intense after midnight and that accidents are more likely to occur in the first hour on the job—as truckers are waking up.
Tired Truckers Often Take Drugs to Stay Awake
When a trucker feels the effects of fatigue, they usually compensate with coffee, energy drinks, or soda. Anything with caffeine. However, caffeine will only mask symptoms of fatigue—and the trucker might crash even harder after a few iced coffees.
Even worse, some truckers reach for cocaine or other “hard” drugs to increase their mental awareness. Drugs end up causing all kinds of problems, including possible hallucinations and unnecessary risk-taking. They can also be addicting. Drug use is a huge problem for the industry also, but that’s a separate article.
Evidence for Truck Driver Fatigue Accidents
To hold a fatigued driver accountable for an accident, injured victims need high-quality and probative evidence. A bare-bones accusation that a trucker was tired is probably not enough. They could always deny the accusation.
Our firm will look for credible evidence to show the trucker was fatigued:
- Log books and electronic data. We always want to know how long the trucker was on the road at the time of the accident. We can request access to the trucker’s log books, which they are required to keep. Many trucks are also outfitted with electronic data systems that continuously gather information about the vehicle, including how long it has been driven.
- Your memories of the trucker. Was he yawning as he exited the cab? Did Styrofoam coffee cups come spilling out after him, or did he admit that he was exhausted? This is important evidence, so please share it with your lawyer.
- Freight manifests. We like to look at these, which can show when the trucker picks up the freight. Sometimes, a trucker will falsify log books, which paints a misleading picture. But close attention to the manifests shows that the trucker was driving more than they admit.
- Toxicology results. A trucker might have taken cocaine or methamphetamines to stay awake, and these drugs can show up in lab results.
Typically, we can sue both the trucker for driving while fatigued as well as their employer, who is automatically on the hook in many cases.
Speak with a Seasoned Aiken, SC Truck Accident Lawyer
Truck driver fatigue accidents are some of the most challenging for our law firm. But we have helped many victims and their families receive favorable compensation in a settlement. Our firm is devoted to getting you the compensation you deserve, so please call us to schedule a free, secure consultation with our office. We can also come to you!
