Fatigue is as Deadly as Alcohol in Truck Accidents
Truck drivers are professionals, and most of them are highly trained and responsible professionals. Commercial truck drivers are far less likely to have a DUI on their records than the driver of the average passenger vehicle. While some truck accidents are caused by drunk driving, most truck drivers are aware of the dangers of driving while under the influence, and they avoid it like the plague.
But there are many other factors that can interfere with a truck driver’s ability to make wise decisions and react quickly to conditions on the road. One of the most dangerous factors is fatigue. Unfortunately, it is nearly unavoidable in the pressurized trucking industry.
When you’re driving, it is important to be aware of the risks and the steps you can take to protect yourself. If you’ve been in a truck accident, it is also essential to understand the role fatigue may have played in the accident and how it can be used to establish liability.
Laws About Driving While Fatigued
The dangers of driving while fatigued are not a secret. Federal regulations governing the safe operation of commercial motor vehicles prohibit driving while excessively tired. Specifically, 49 CFR §392.3 states that drivers are not allowed to operate a commercial motor vehicle if they are impaired by fatigue that makes it unsafe for them to drive. In addition, the regulation specifies that trucking companies must not require or allow drivers to operate when their ability or alertness is impaired by fatigue.
Recognizing that “[o]nly the driver can determine if he or she is too ill or tired to safely operate a vehicle,” federal regulators have also instituted what they refer to as the “coercion rule.” Section 390.6 of Title 49 prohibits trucking companies from coercing a driver to violate any of the rules, including the restriction on driving while tired. If a trucking company threatens to take any adverse action against a driver to get them to drive while fatigued, that is a violation of the coercion rule.
These regulations were put in place because trucking companies not only allow but encourage drivers to keep going when they know they’re too exhausted to drive safely. Unfortunately, as we all know, the mere creation of a law doesn’t mean that it will be followed. It often takes a situation such as a truck accident lawsuit to bring violations to light and encourage trucking companies to make their standard operating procedures safer.
When a driver or trucking company violates the law, it is easier to demonstrate that they are liable for causing a truck accident.
Statistics on Fatigued Driving
Studies by the Federal Motor Carrier Safety Administration have shown that driving while fatigued is a cause of truck accidents far more often than other impairments, such as the use of alcohol, illegal drugs, inattention, illness, and external distractions. In addition, studies reported by the National Institutes of Health reveal that fatigue may play a role in up to 40% of all highway collisions. One out of every 25 drivers questioned admitted that they had fallen asleep behind the wheel sometime within the previous 30 days.
Why Fatigue Is So Dangerous for Truck Drivers
It is dangerous to drive any vehicle while fatigued or drowsy. But trucks, with their excessive size and weight and limited maneuverability, are particularly risky to operate with an impairment such as fatigue. These complex vehicles require constant, focused attention to be handled safely on our crowded roads.
Unlike the use of alcohol or drugs, fatigue cannot be measured. But the National Sleep Foundation reports that drivers who have been awake for 20 hours suffer impairment equivalent to drivers with a blood alcohol concentration of .08%, which is the legal limit for drunk driving in Florida.
Fatigue can cause numerous problems for truck drivers, including
- Slower reaction times
- Reduced awareness of surroundings and decreased perception of hazards
- Difficulty in making decisions or jumping to impulsive decisions
- Reduced coordination
- Impaired vision and hearing
Studies show that fatigued drivers often experience periods of micro-sleep where they lapse into a comatose state for about five seconds. When those drivers are operating on the highway, they travel the distance of a football field while completely unaware of and unable to react to their surroundings.
Slower reaction times are particularly problematic when dealing with a tractor-trailer or other heavy truck that is hard to maneuver and slow to stop. Even smaller trucks, such as dump trucks, cement mixers, and garbage trucks, can be unstable and have very large blind spots. They require special care and attention to operate safely, and it is not possible to provide that level of care when the driver’s brain and body are impaired by fatigue. Driving while fatigued violates the duty of care owed to others on the road and can be treated as negligence that establishes legal liability for a truck accident.
Stay Safe Around Fatigued Truck Drivers
Commercial trucks often operate according to unrealistic schedules that fail to account for variables such as traffic, weather, and the human needs of truck drivers. These drivers frequently find themselves in situations where they need to make up for “lost” time in order to stay on schedule. They fear losing their livelihoods if they fail to meet expectations, so they push themselves too hard. The result is that there are a lot of fatigued drivers on the roads at all hours of the day.
While it’s not as easy to tell if a driver is drowsy or exhausted as it is to determine whether they are intoxicated, there are some warning signs to watch for. If you see a truck operating erratically, such as drifting out of the lane or driving at inconsistent speeds, that could indicate the driver is impaired by fatigue or another dangerous factor. It is best to keep a safe distance back from that vehicle so that you will have time to react if the driver does something inappropriate or unexpected. While it might be tempting to speed up to go around the truck, the driver of the truck might increase speed to match you either during or after your passing maneuver, putting your vehicle at risk from their erratic and inattentive driving.
Work with Accident Attorneys Who Understand How to Succeed in Obtaining Maximum Recovery for Truck Accident Victims
The injuries in truck accident cases are, unfortunately, often much more serious than those in car accident scenarios. Even worse, victims of truck accidents generally have to overcome major hurdles to recover full compensation for their injuries because of the corporate legal teams involved in commercial truck accident cases.
At Searcy Denney Tallahassee, we understand how to fight effectively against the tactics of insurance companies and corporate lawyers to ensure that truck accident victims receive the maximum compensation available for the harm they’ve suffered. If you or a loved one has been injured due to driver fatigue or another act of negligence on the road, please contact our team online or call us at 888-549-7011 to schedule a free consultation and discover how we can assist you in recovering and rebuilding your life.
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