Truck Driver Fatigue A Major Cause Of Trucking Accidents

 

It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents.  There are pressures on drivers and carriers to get their load to its destination as quickly as possible.  One major delay is when the truck is not moving when a driver is sleeping.  As a consequence drivers have been known to break the law—from taking drugs (such as amphetamines commonly called “speed”) to keeping two sets of log books so as to appear that no Hour of Service violations have occurred.

 

Hour of Service Violations:  The driver of a semi truck (tractor trailer) may not drive more than 11 hours following at least 10 consecutive hours off duty. (The Federal Motor Carrier Safety Regulations [FMCSR] are the rules that govern semi trucks on our highways. See §395.3) The reason for these hour restrictions is to prevent driver fatigue. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.

 

Further a tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations.  Drivers must log their hours every 24 hours, in written format. (FMCSR §395.8)

 

FMCSR §392.3 Ill or fatigued operator. States:

 

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

 

 

Many carriers now use electric on-board computers (EOBR's) which we investigate and try to get the data which may prove the driver was driving too long and arguably fatigued.  

 

A motor carrier (that would be the trucking company) is responsible and required to fashion or schedule their truck driver’s runs and routes in a way that would allow drivers to complete them without violating any speed limits or Hours-of-Service violations.

 

The company that employs the driver must schedule drivers in such a way that they will not violate their Hours of Service. (§392.6)

 
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