Truck driver fatigue is a serious issue that significantly impacts road safety. Fatigued drivers are a danger to themselves and others, often leading to devastating accidents. In fact, our friends from Marsh | Rickard | Bryan, LLC, often litigate cases where trucker fatigue plays a role. They offer insight into how fatigue impacts truck accident cases from a legal perspective.
There’s a lot that your lawyer can work with, when it comes to proving liability, if the semi driver who caused the crash was overworked or exhausted. Let’s take a deeper dive.
Regulations Governing Truck Driver Hours
The Federal Motor Carrier Safety Administration (FMCSA) has established regulations to address truck driver fatigue. These regulations include hours-of-service (HOS) rules designed to limit the number of hours a driver can operate a truck without rest. Key HOS regulations include:
- Drivers are allowed to drive a maximum of 11 hours after 10 consecutive hours off duty.
- The driving window is limited to 14 consecutive hours from the time a driver starts their shift, including breaks.
- Drivers must take a 30-minute rest break within the first 8 hours of driving.
- Drivers are prohibited from driving more than 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.
These regulations aim to reduce fatigue-related accidents by ensuring drivers get adequate rest and are not overworked. When these rules are violated, it can have significant legal consequences.
Establishing Liability In Fatigue-Related Accidents
Your truck accident lawyer may use multiple tactics like these to establish truck driver fatigue, and therefore negligence:
- Proving Driver Fatigue: To establish liability in an accident caused by driver fatigue, it must be demonstrated that the driver was too tired to operate the vehicle safely. Evidence of fatigue can include logbook entries, electronic logging device (ELD) data, and witness statements. In some cases, drivers may also exhibit signs of fatigue, such as erratic driving patterns or slow reaction times, which accident reconstruction experts can corroborate.
- Violation of Hours-of-Service Regulations: If it can be shown that the driver violated HOS regulations, this can be strong evidence of negligence. For instance, if the driver exceeded the maximum driving hours or failed to take required rest breaks, these violations can directly link to the cause of the accident. Regulatory violations not only support a claim for negligence but may also expose the trucking company to liability.
- Trucking Company Liability: Trucking companies have a responsibility to ensure their drivers comply with HOS regulations and are not overworked. If a company knowingly allows drivers to work beyond legal limits or fails to monitor compliance with regulations, it can be held liable for accidents caused by driver fatigue. In some cases, punitive damages may be awarded if the company’s actions are found to be particularly egregious.
- Insurance Considerations: Insurance companies may scrutinize driver logs, ELD data, and other records to determine if fatigue played a role in the accident. Insurers are likely to use this information to assess liability and negotiate settlements. In cases where fatigue is proven, the insurance company may offer higher settlements to avoid further litigation.
Trucker Fatigue Is A Serious Issue
By understanding these legal implications, victims can better navigate the complexities of their cases and pursue appropriate compensation. Addressing fatigue-related accidents not only aids in achieving justice but also contributes to broader efforts to enhance road safety and enforce regulations designed to protect all road users.
