Truck Driver Fatigue

Drowsy driving is dangerous in any situation, but when the driver is behind the wheel of a large commercial truck, the potential for serious injury and death multiplies. Studies show that driver fatigue is a factor in 30-40% of all truck accidents, making it one of the leading causes of such accidents. Drivers operating heavy vehicles that cannot quickly turn or swerve safely simply cannot afford to be sleepy – and yet every day countless truckers drive on little sleep.

Under Pennsylvania's laws, if you have been injured in a vehicle accident that was caused by another person's carelessness or recklessness, you may be entitled to recover damages that include medical costs, property loss, lost wages, and pain and suffering. Please call Munley, Munley & Cartwright's lawyers for a free assessment of your case. We have offices conveniently located in Stroudsburg, Carbondale, Hamlin, Hazleton, Scranton, and Wilkes-Barre, PA.

The Federal Motor Carrier Safety Administration regulates the commercial trucking industry, including how many hours truck drivers are permitted to operate their vehicles on a daily and weekly basis. The current laws mandate that commercial truck drivers follow the 11-hour and 60/70 rules, which are as follows:

• Truck drivers may not drive more than 11 consecutive hours within a 14-hour period followed by 10 hours off-duty.
• Truck drivers may spend no more than a total of 60 hours on-duty within any seven-day period or 70 hours on-duty within any eight-day period. A new weekly period cannot begin until the truck driver has spent at least 34 hours off-duty.

In 2003, the number of hours a driver could spend on the road in a 14-hour period increased from 10 to 11, and many consumer safety advocates have argued that this one-hour increase is a threat to public safety. A study conducted by the Insurance Institute for Highway Safety found that the risk of accident doubles when truck drivers operate their vehicles for more than 8 to 10 consecutive hours.

However, the trucking industry is extremely competitive. Trucking companies need to make deliveries both quickly and cheaply to turn a profit. The sooner a truck returns from a delivery, the sooner it can be back on the road with another. To minimize costs, trucking companies often pay drivers by the mile and don’t compensate for “on-duty” time spent on inspections or mandated rest times. This system inherently encourages drivers to skimp on mandated rest breaks to maximize their paychecks.

Drivers also are known to use drugs to stay awake on a long haul. Methamphetamines, or speed, are often used by truckers who are sleepy from lack of rest breaks. Driving long hours in the middle of the night is difficult for anyone, let alone a trucker who has been going for 9 hours straight and is in dire need of sleep. The rest break may cost him much more in lost compensation than an inexpensive package of methamphetamine pills available at most truck stops. While speed can keep a driver awake, it also affects the driver’s reactions and ability to focus on the road.

When truck drivers get too little sleep, the results can be disastrous. According to the National Transportation Safety Board, the people most likely to be injured in these accidents are not the over-tired truck drivers, but the drivers and passengers in the other vehicles. In 2008, 69% of the people who died because of a trucking accident were driving or riding in a passenger car or truck.

The injuries typically associated with drowsy driving accidents can be severe, including the following:

• Disfigurement;
• Head or spinal trauma;
• Burns; and
• Fractures.

These injuries are expensive to treat, and victims and their families often struggle to pay for vital medical treatment and long-term therapy. Victims who file and win personal injury claims for drowsy truck driving are eligible to receive compensation for their injuries, including the following:

• Payment of current and future medical bills;
• Lost income; and
• Pain and suffering.

Everyone knows that tired truckers are a danger, but trucking companies have yet to change their policies in a truly effective manner to keep sleepy drivers off the road. When an accident occurs, the trucking company will act quickly to minimize damages – sometimes even destroying logbooks that keep track of the number of hours the driver spent on the road. Trucking companies also have their own legal teams who are familiar with the laws and how to use them to their clients’ advantage. If you are involved in an accident with a distracted truck driver, you need a well-qualified attorney who understands how to properly represent your claim.

The Munley, Munley & Cartwright firm has years of experience in dealing with truck accident claims, including drowsy driving. We are familiar with all of the techniques that the trucking companies and their insurers may use to influence you to settle quickly and for less compensation. Trucking companies have a team of investigators, adjustors, agents, and lawyers to help protect them. As the accident victim, you need your own team of legal experts to protect you.

If you or a loved one has been seriously injured by a drowsy truck driver, you deserve experienced legal representation from a firm that understands the challenges you face because of your injuries – a firm that is committed to obtaining the compensation you deserve. When truck drivers knowingly engage in behavior that puts others at risk, they must be held accountable – and you shouldn’t have to pay the ultimate price for their negligent and reckless refusal to drive safely.

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 teamwork and the use of our considerable resources and experience. For a free consultation regarding your legal concerns, contact us today online or call us toll free at 877-421-9173.