Truck driver fatigue poses severe risks to everyone else on the road. Its effects are comparable to those of operating a vehicle under the influence of alcohol, such as slower reaction times, impaired judgment and decreased awareness. There are strict federal regulations in place to combat this problem, yet violations still occur, often leading to truck accidents with devastating consequences.

The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in at least 13 percent of all large truck accidents and as many as 40 percent of fatal truck crashes. Studies have shown that being awake for 24 hours can produce impairment equivalent to a blood alcohol content of 0.10 percent, which is above the legal limit. Severe lack of sleep increases the likelihood that a driver will fail to react to changing road conditions, drift out of their lane or fall asleep at the wheel. Given the size and weight of a commercial truck, any of these can have catastrophic consequences.

The FMCSA has instituted detailed regulations, known as Hours of Service (HOS) rules, that all commercial truck drivers must follow. They contain the following restrictions:

• 14-hour driving window — A driver can be on duty for a maximum of 14 consecutive hours, after which they must take off for at least 10 consecutive hours.

• 11-hour driving limit — The 14-hour window is restricted to a maximum of 11 hours of actual driving.

• 30-minute break — Eight cumulative hours of driving must be followed by a half hour’s rest.

• 60/70-hour limit — A driver cannot be on duty for more than 60 hours in a 7-day period or 70 hours in an 8-day period.

Trucking companies have a legal obligation to make sure their drivers adhere to HOS rules. Violations can occur when drivers exceed their allotted hours, fail to take required breaks or falsify their logbooks. Significant penalties can be imposed, including fines and suspension of a driver's commercial license. Trucking companies can also be liable for pressuring or coercing drivers to meet tight delivery schedules, thereby encouraging them to skirt the rules.

In the event of an accident caused by driver fatigue, an injured person can sue for damages. If it can be proven that the driver was operating the vehicle in violation of HOS rules, or that the trucking company encouraged or was aware of the driver's violations, both parties they can be held liable for damages based on their violation of HOS rules. 

An experienced trucking accident lawyer can amass evidence of HOS violations, such as driver logs and electronic logging device data to establish negligence and secure compensation for the victims. In some cases, if the actions of the driver or company are deemed particularly egregious, punitive damages may be awarded to punish the at-fault party and deter similar conduct in the future.

Phil DiLucente & Associates, LLC in Pittsburgh advocates on behalf of Western Pennsylvanians who have been injured in collisions with trucks and other commercial vehicles. To arrange a free consultation, please call 1.800.GET.PHIL or contact us online.