Truck Driver Fatigue Causes Accidents
Driver fatigue is a common cause or factor in eighteen wheeler or trucking accidents. Driver fatigue is not only a hazard, but at times the condition may be the result of violations of DOT regulations.
The U.S. Department of Transportation prescribes the maximum hours that truck drivers may drive and the required rest periods. These regulations are different for drivers carrying property than for those drivers transporting passengers. The rules govern the maximum number of consecutive hours a driver may drive as well as the maximum consecutive hours a driver may be on duty, whether actively driving or not. Additionally, the rules stipulate a maximum number of hours that a driver may be on duty within a seven or eight day period depending on whether the company operates every day of the week. Finally, the DOT regulations outline the requirements for record keeping in the driver’s log where he records his duty status for every 24 hour period.
When investigating whether driver fatigue played a role in the accident, there are several factors that must be considered. An attorney can review the driver’s log to determine the number of hours of driving leading up to the accident. When interviewing or deposing the driver, an experienced attorney will inquire about the driver’s period of rest or sleep immediately prior to the accident as well as his long-term sleep activity and driving schedule. This information when compiled together can be a good indicator of whether driver fatigue was a factor in the accident.
If driver fatigue is determined to be a contributing factor, an experienced attorney will then look at the driver’s working conditions to see if his work environment or company guidelines contributed to his lack of rest and thus determine liability of the trucking company.
A driver’s working conditions can be a factor contributing to driver fatigue. Drivers who are paid by the mile or by the load have a financial incentive to drive without sufficient periods of rest. The faster they complete load and the more miles they cover result in higher pay outs for the driver. Often the trucking company will encourage drivers to work longer hours to benefit the company’s bottom line.
For a free consultation, contact a truck accident attorney at Arnold & Itkin LLP by calling toll free (866)222-2606 or by submitting the form at the top of this page.
