Truck Driver Fatigue

Truck 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:

If you or a loved one have been injured in a commercial trucking accident, you need the experienced lawyers of Munley, Munley & Cartwright to protect your rights. Large trucking companies have their own investigators and attorneys fighting for them, you need someone on your side.

Your Choice of Lawyer is Important. So CHOOSE CAREFULLY™ -- The Family of Lawyers™ at Munley, Munley & Cartwright -- to protect your rights.

Munley, Munley & Cartwright charges clients of personal injury claims on a contingency basis. What that means is the attorney is only paid if he or she wins money damages for you - the client. This makes it possible for anyone to hire only the best lawyer. It gives everyone access to the justice system and representation that is equal to the best that insurance companies, doctors and other defendants can hire. You can contact the lawyers of Munley, Munley & Cartwright for a free consultation by calling toll-free at 1-800-318-LAW1.

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. For a free consultation regarding your legal concerns, contact us today for a free consultation or call us toll free at 1-800-318-LAW1.