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Truck Driver
Fatigue & Tractor Trailer Accidents
 Driver
fatigue and drowsiness are conditions that result in reckless behavior such as
failure to keep in the proper lane and running off the road. Tired truckers are
of such concern that in April of 2003, the Federal Motor Carrier Safety
Administration (FMCSA) instituted new hours of service regulations to curb
truckers’ problems with fatigue. While these laws have helped reduce the number
of accidents, the U.S. National Transportation Safety Board still blames driver
fatigue as a probable factor in 20-40% of truck crashes.
Sleep deprivation impairs a person's ability to perform a variety of tasks,
including those related to driving and operating equipment. Often a truck
driver's fatigue is caused by inadequate daily sleep, rather than a complete
absence of sleep. A truck driver's extended hours of operation can create a
scenario of continuous sleep deprivation by limiting a driver's daily sleep.
When commercial drivers become fatigued from excessive daily and weekly work
hours, they substantially increase the risk of crashes that result in death or
serious injuries. Yet despite this serious risk to public safety, legislation is
frequently introduced to Congress that requests longer hours of service for the
trucking industry.
On January 4, 2004 the new federal drivers’ hours-of-service regulations became
effective for Interstate drivers of commercial motor vehicles subject to
Title 49, Code of Federal
Regulations (49 CFR) Part 395. Specifically, the law increased the number of
hours truck drivers are allowed to operate in a 24 hour period. The law allows
Interstate truck drivers to drive 11 hours in a work period, prohibit driving
after 14 hours since coming on-duty, and require at least 10 consecutive hours
off-duty to re-qualify for a new work period.
While significant effort is being invested to further regulate and limit the
number of hours medical professionals can work in order to protect patient
health, motorists are not offered the same consideration as Congress continues
to increase the hours of service for the truck industry.
With miles and miles of highway stretching out before them, the longer truckers
can drive the greater the potential revenue for truck companies. The average
trucker drives 125,000 miles a year, and that's on the low end of an average.
Trucking revenues totaled $610 billion last year and revenues are forecasted to
nearly double by 2015. It is easy to see how profit can encourage truckers to
drive further for longer hours, with shorter breaks, to increase their income.
However, profit is not the only factor influencing driver fatigue. A truck
driver may be anxious to get home for the weekend, or 'push through' to avoid
traffic snarls during rush hour. Truck companies may offer a driver bonus for
extra stops, or the driver may be trying to make up for time lost due to bad
weather or traffic.
Because there may be several factors influencing a driver's hours of service,
The Federal Motor Carrier Safety Administration requires that drivers and
carriers maintain logs, expense receipts, and other paperwork that track their
compliance with current Hours of Service regulations. However, in order for
existing laws to deter unsafe behavior they must be properly enforced.
Kenneth Mead, U.S. Transportation Department inspector general, testified April
5 before the Senate Commerce Committee on transportation safety programs. “We
have conducted criminal investigations of egregious cases in which trucking
company officials have been prosecuted for systematically forcing their drivers
to drive well in excess of the limits,” Mead testified.
Log book and hours rules need strengthening because unscrupulous carriers and
drivers view violations as “the cost of doing business,” he said.
The Federal Motor Carrier Safety Administration rescinded a proposal that would
have required on-board recorders as enforcement evidence. Since then, courts
have ordered the agency to review that decision.
According to the American Trucking Association (ATA), in 2003 large trucks
hauled the majority of all freight transported in the U.S. – over nine billion
tons. With an ever increasing number of tractor trailers on our roads, driver
fatigue is a public safety issue. We must mandate and enforce reasonable hours
of service (HOS) limits for the safety of all motorists.
Related Information:
Effects of Sleep Schedules on Commercial
Motor Vehicle Driver Performance
Federal Trucking Regulations:
Hours of Service
 Has a
Trucking Accident Occurred?
Munley, Munley & Cartwright, PC accepts and successfully resolves major
trucking injury cases nationwide. Our lawyers, paralegals, and other
professionals are specially trained to evaluate, develop, and negotiate
these difficult cases to protect and benefit our clients. You do not pay any
fee unless we win money damages for you. That means you can get the most
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any other firm -- and we get RESULTS!
The goal of Munley, Munley & Cartwright is simple and direct: To
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If you have questions about an accident involving a tractor trailer, let
us go to work for you.
You can
contact the trucking attorneys of Munley, Munley & Cartwright for a free consultation
by completing our
online accident evaluation form
-or- calling toll-free at
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