Given the long hours required on the road, exhaustion and fatigue are not uncommon for truck drivers to experience. These effects become problematic when they become the direct cause of truck accident injuries and fatalities. Fatigue has been proven to impair cognitive function, slow reaction time, and increase drifting or failure in braking. Preventing truck drivers from overexertion is crucial to maintaining safety on the roadway for all motorists sharing the highway.
The Effect of Driver Fatigue in Truck Accidents
While fatigue from spending hours on the roadway may seem like common sense, there are actually multiple scientific studies that show the specific risks that truck drivers face with extended hours on the highway. For example, one study compared the effect of different driver hour of service regulations and looked at the odds of a crash occurring. The study found that driving time was a statistically significant predictor for a crash occurring. The odds of crashing increased consistently, starting at the 5th hour of driving time and extending until the 11th hour. With the 34-hour restart provision, drivers still were at an increased risk of crashing for crashes that would not have occurred prior to the implementation of the rule. Driving breaks were found to reduce crashes overall.
Causes of Truck Accidents Caused by Driver Fatigue
The publication of this research helps provide some insight into the causes of driver fatigue for truck accidents. One of the first studies by the National Transportation Safety Board that helped to establish standards for truck drivers found that driver fatigue was a principal cause of 31% of truck accidents. Fatigue was the most frequently cited cause in the study. Multiple studies have shown that increased risk occurs due to some of the following reasons:
- Delayed Reaction Times: Fatigue brings slowed reaction times. Drivers may not be fast enough in reacting to sudden changes in traffic conditions.
- Reduced Attention Span: An inability to focus consistently on the road leads to lapses in concentration.
- Impaired Decision-Making: A drowsy driver may have impaired cognitive functions and make improper judgment calls like misjudging distances or vehicle speeds.
- Falling Asleep on the Roadway: “Microsleeps” are brief episodes of sleep that can occur. If this happens to a truck driver while on the road, they may lose control of their vehicle.
Hours of Service Regulations in Truck Accidents
Following the extended research into the effect of fatigue in truck accidents, the legislature created specific laws, known as hours of service (HOS) regulations, to limit the number of driving hours for commercial vehicle drivers. These regulations are set out in CFR, Title 49, §395.3:
§395.3 Maximum driving time for property-carrying vehicles.
(a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, unless the driver complies with the following requirements:
(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;
(2) 14-hour period. A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty.
(3) Driving time and interruptions of driving periods —
(i) Driving time. A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section.
(ii) Interruption of driving time. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status. A consecutive 30-minute interruption of driving status may be satisfied either by off-duty, sleeper berth or on-duty not driving time or by a combination of off-duty, sleeper berth and on-duty not driving time.
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after—
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)
(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours.
(2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours.
However, while these limits are in place, drivers and companies do not always follow them. Truck drivers are often under immense pressure and held to tight schedules, and companies may encourage or require them to exceed drive time limits to meet those deadlines.
If you were a victim of a truck accident due to driver fatigue, Towey Law, PLLC can help you in your legal recourse. Our lawyers for truck accidents caused by driver fatigue will fight for your rights. Call us today for your free consultation at (716) 300-8232 and find out how we can help you.