Driver fatigue contributes to a substantial number of accidents involving large commercial trucks. The immense pressure on truck drivers to meet tight deadlines can lead to dangerously long hours behind the wheel, with devastating consequences. The Federal Motor Carrier Safety Administration (FMCSA) has established strict regulations to combat this issue, but violations remain a persistent problem. According to the FMCSA, 13 percent of commercial motor vehicle drivers were considered to be fatigued at the time of their crash. The National Transportation Safety Board (NTSB) believes the number is much higher, estimating that fatigue is a factor in as many as 30 to 40 percent of all heavy truck accidents. 

The effects of driving while fatigued are similar to driving under the influence of alcohol. Research has shown that being awake for 18 hours is comparable to having a blood alcohol concentration (BAC) of 0.08 percent, the legal limit for drunk driving in most states. A fatigued driver experiences slower reaction times, impaired judgment, and decreased awareness, all of which are critical for the safe operation of a vehicle that can weigh up to 80,000 pounds.

To combat the dangers of driver fatigue, the FMCSA sets strict hours of service (HOS) rules that dictate how long truck drivers can be on the road. These rules for property-carrying drivers include:

• 11-hour driving limit — A driver can drive a maximum of 11 hours after 10 consecutive hours off duty.

• 14-hour limit — A driver cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.

• 30-minute break — A driver must take a 30-minute break after driving for 8 cumulative hours.

• 60/70-hour limit — A driver cannot be on duty for more than 60 hours in a 7-day period or 70 hours in an 8-day period. A driver can restart the 7/8 day period after taking 34 or more consecutive hours off duty.

When a trucking company disregards these HOS rules, they can be held liable for any resulting damages. If an accident is caused, even in part, by an HOS violation, it can be used as evidence of negligence on the part of the driver and the trucking company. A trucking company has a responsibility to ensure its drivers are complying with these safety regulations. The FMCSA can issue fines and penalties for HOS violations, and in the case of a crash, the company can face significant civil liability.

If you or a family member has been hurt in a collision with a big rig, an experienced truck accident lawyer can assess whether the driver’s fatigue or other negligence was a cause. An attorney can also take the necessary actions to hold the driver and trucking company liable for damages.

Brown, Novick & McKinley Attorneys at Law in Gloucester helps truck accident victims throughout southern New Jersey get the compensation they need and deserve. To schedule a free consultation about your potential claim, please call 866-942-4909 or contact us online.