Fatigued driving is always dangerous, but it can be particularly deadly when the one behind the wheel is a truck driver. Commercial trucks are huge, powerful vehicles that exert a significant amount of force when involved in a crash. And truck driver fatigue is often a contributing cause of such accidents.
If you have suffered injuries in a truck accident that occurred due to the actions (or inaction) of a tired driver, you may be entitled to file a personal injury claim and recover losses. But it’s important to recognize how and why truck driver fatigue is so dangerous in the first place.
Understanding the Dangers of Truck Driver Fatigue
When any driver is exhausted, their reaction times are far slower than normal, which means they won’t be able to react as necessary if a hazard appears, such as a car braking in front of them.
Along with those slowed reaction times, a trucker can suffer from concentration issues, having a harder time focusing on the road and struggling to remain fully aware of their surroundings. Motor skills and hand-eye coordination suffer, as well, potentially leading to trouble when navigating turns and maintaining lane position.
Perhaps most notable, though, is that judgment is also impaired. Driving while fatigued is similar to driving intoxicated, as it can make assessing distances and judging speeds more difficult. Additionally, there is the danger of microsleeps, involuntary episodes when the driver falls asleep behind the wheel, which, while brief, can prove deadly.
How Federal Regulations Strive to Prevent Truck Accidents
To help prevent truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) sets hours of service regulations that all commercial truckers must adhere to. In particular, they cannot exceed 11 hours of driving after ten consecutive hours off-duty.
Additionally, drivers have 14 total hours in which to complete their 11 driving hours. Once those 14 hours are up, they must take ten hours off. There are also 30-minute mandatory rests that drivers must take after eight cumulative hours of driving. Lastly, a driver can’t be on duty for longer than 60 hours in seven days or 70 hours in eight days.
To monitor all of these regulations, truck drivers must log their various statuses. These include on-duty but not driving, driving, off-duty, and sleeper berth times. Despite all of these rules, however, violations still occur. Truckers can fail to log their hours correctly to make up for lost time, leading to dangerous levels of exhaustion.
Common Causes of Truck Driver Fatigue
Truck driver fatigue arises for many reasons, chief among them being unrealistic delivery schedules. Employers could demand that they reach specific goals without considering real-world complications, like traffic or adverse weather conditions.
To make up for lost time, truckers might skip their breaks or continue driving past 11 hours. Some companies may even offer incentives to drivers who make the most deliveries or reach particular goals, which could be seen as encouragement to break the rules.
Another issue is the rough and fluctuating schedules that truckers have to deal with. They may have to drive through the night, when their body’s natural circadian rhythm makes them sleepy, or they could face schedules that change rapidly, not allowing the body to become used to a sleeping routine. In either case, their quality of rest is heavily impacted. Untreated sleeping disorders, such as sleep apnea, for example, can also lead to waking up repeatedly throughout the night, not allowing for proper rest.
Why Truck Driver Fatigue Is a Problem in Texas
In Texas, exhausted truckers pose even more danger than in other areas of the country. For one, there are numerous trucks on Texas’ roadways at any given moment, and many are involved in the transportation of oil and gas. Should an accident occur, the injuries can be catastrophic, given the higher risk of fires and explosions.
Warning Signs of a Fatigued Truck Driver
It’s not always possible to spot a fatigued truck driver in time, but signs such as the following are clear indicators:
- Inconsistent speeds
- Delayed reactions
- Drifting off/across lanes
- Tailgating
- Sudden braking
Upon noticing any of these signs, keep your distance from the vehicle and get to a safe location where you can alert law enforcement. Offer the truck’s details and its location.
The Consequences of Fatigued Driving: Severe Injuries and Legal Implications
A fatigued truck driver poses a high risk to everyone on the road. They could easily lose control of the vehicle, causing it to slam into cars or even topple. If there are high speeds involved, the truck could also jackknife and impact vehicles across entire lanes of traffic. Catastrophic injuries, including spinal cord and brain injuries, can occur and lead to fatalities.
But what do all of these details mean for personal injury claims? In these accidents, you can hold the trucker liable as well as their employer. The company could be responsible if they encouraged the trucker to violate federal driving hour laws or were negligent in their hiring practices.
FAQ
Can I Sue the Trucking Company if the Driver Was an Independent Contractor?
Most of the time, no. You will only be able to hold the driver liable.
What Damages Can I Claim After a Truck Accident in Texas?
You can receive compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, and loss of consortium.
How Long Will a Truck Accident Claim Take?
The case can take a few months, depending on how many parties are involved, the severity of the injuries, and many other factors.
Fighting for Fair Compensation With Help From Ramsey Law Group
If you have suffered injuries in one of these collisions, Ramsey Law Group can help. Our team of truck accident lawyers is ready to offer the ongoing and dedicated support you need. Contact us today to schedule a free case assessment.