Driving a truck is a long-haul job, with trips crossing the United States and, often, time pressure due to perishable cargo. However, these long hours can lead to driver fatigue. Driver fatigue can lead to catastrophic results, which is why the states and the federal government impose strict limits on the consecutive and cumulative hours a truck can perform in a week.
When a fatigued driver causes a truck crash, others on the road can suffer life-changing injuries. Anyone with injuries in the Bay Area should discuss their legal options for compensation with a truck accident lawyer as soon as possible.
Federal Regulations
The maximum time drivers are permitted to be on duty is called their permissible “hours of service” (HOS). The HOS rules specify the number of hours on duty, including driving time, and the length and quantity of rest periods drivers must take. All carriers and their commercial motor vehicle drivers must comply with the HOS regulations. The HOS rules were modified in 2020, the Federal Motor Carrier Safety Administration (FMCSA) summarizes the current restrictions for property and passenger-carrying drivers.
Some key points include:
- Drivers carrying property can drive for 11 hours max after ten consecutive hours of not working
- Drivers carrying passengers can drive for 10 hours max after eight consecutive hours of not working
- Drivers must take at least a 30-minute break after driving for eight consecutive hours (some states have stricter guidelines)
- Drivers cannot drive more than 60 hours in seven consecutive days or 70 hours in eight consecutive days
- Driver must take at least 34 hours off before beginning another seven or eight-day work period
While these restrictions might seem confusing to some people, they should be basic knowledge for all commercial drivers and trucking companies. Drivers should always comply with HOS rules, and companies should supervise drivers to ensure they are not in violation of these restrictions.
State Regulations
California’s HOS rules essentially mirror the federal rules. Note that the FMCSA recently removed the right to paid rest breaks. Even if the law no longer requires breaks to be paid, drivers must still comply with all break rules. In California, drivers must rest for at least 10 minutes after every 4 hours of driving and one 30-minute meal break after every 5 hours.
Consequences of Driver Fatigue
Truck driver fatigue and drowsy driving significantly increase the likelihood of a motor vehicle accident, occurring far more frequently with truck drivers than with the average driver. Driving while fatigued impairs the driver’s judgment, slows down response times, and causes lapses in focus and attention. Many drivers will actually fall asleep while driving. These conditions can make it impossible for a truck driver to correct any miscalculation in time to prevent an accident.
Driver Fatigue Causes
A lot of factors can cause driver fatigue or sleepiness. Among the more common factors are the following:
- Time of day, especially driving late at night at the end of a long shift.
- Hours awake, the longer, the worse the impact.
- Sleep disorders occur in truck drivers at a much higher rate than in the general population
- Changing shift schedules make it difficult, if not impossible, to adjust sleep patterns, leading to drowsiness
- Use of prescription drugs
- Use of recreational chemicals, including cannabis and alcohol
No matter what causes a driver’s fatigue, the driver should take precautions and pull over to rest until they are alert enough to drive safely. Sadly, many drivers continue on the road and injure others.
Effects of Truck Driver Fatigue
Fatigue can severely impact a truck driver’s ability to operate a vehicle. Indeed, severe fatigue can impair a driver’s ability as severely as driving under the influence. This is a critical problem with large commercial trucks, which require extra stopping time due to size and weight. When a driver-fatigue truck accident happens, the results are often catastrophic and life-changing. Some of the more common effects of driver fatigue include:
- Driver’s inability to stay in the proper lane, increasing risk of collision with objects and vehicles
- Leaving the road entirely, either hitting something or overcorrecting
- Failing to concentrate on gas pedal pressure and speeding
- Making errors in judging distance or speed
- Hitting another vehicle or pedestrian
- Fatigue distracts from the task of driving
- Slowed reaction times
- Diminished driving ability, increasing the risk of an accident
Signs of Fatigue
An over-tired driver will often give clues to drowsiness or exhaustion. Some of these signals include:
- Frequent yawning
- Frequent contact with the roadside rumble strips
- Missing an exit
- Forgetting a task
- Drifting between lanes or off the road
- Nodding off at the wheel
- Slowed reaction times
If a driver observes this behavior in a truck, the driver should move away from that truck if at all possible.
Potential Injuries from Truck Accident
Truck accidents are far more dangerous for those the truck hits than for the truck driver. These accidents cause higher-valued property damage, more severe injuries, and a much higher likelihood of death for the victims than car-to-car accidents do.
Some of the more common severe injuries include:
- Multiple crushed and broken bones
- Traumatic brain injuries, leading to headaches, memory loss, and other neurological effects
- Severe lacerations leaving permanent scarring
- Spinal cord injuries and paralysis or loss of function
- Amputations
- Internal injuries and bleeding
- Burns with accompanying scarring
Contact a San Francisco Truck Accident Lawyer Today
Given the weight and mass advantages that a semi-truck has over the average car or pedestrian, any accident involving such a truck is likely to have catastrophic consequences for the occupants of the other vehicle or the pedestrian. Fatalities are not uncommon, nor are appalling injuries that change the victim’s life forever.
If you or a loved one have suffered an injury in a truck accident involving a fatigued driver in the San Francisco area, you should contact our experienced truck accident attorneys at The Cartwright Law Firm immediately or call us at (415) 851-6486 to schedule a no-cost initial consultation and case evaluation. This is a time when you should focus on physical and emotional recovery. Let us take on the task of your financial recovery.
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