Driver Fatigue

Truck Drivers: Fatigue and Illness

If you were injured in a crash with a semi truck (tractor-trailer), call Truck Accident Injury Attorney Jason Waechter as soon as possible at 1-800-708-5433. Don't wait. The sooner Personal Injury Lawyer Jason Waecther starts investigating your case, the better.

Call Truck Accident Injury Attorney Jason Waechter: 1-800-708-5433

Driver fatigue has caused or contributed to interstate trucking accidents in many cases. This has been proven again and again in court. Often, there is a lot of pressure on drivers to get to their destination as quickly as possible; sometimes the pressure comes from the client, other times, from the employer. Obviously, drivers have to sleep at some point, delaying their arrival at the destination. Some drivers will break the law in order to avoid any delay in their progress. Sometimes, this involves using drugs or medication to stay awake; others, keeping more than one log book (or faking their log book) to make it seem like they have not violated Hours of Service Laws.

HOURS-OF-SERVICE RULES
PROPERTY-CARRYING DRIVERS	PASSENGER-CARRYING DRIVERS
11-Hour Driving Limit May drive a maximum of 11 hours after 10 consecutive hours off duty.	10-Hour Driving Limit May drive a maximum of 10 hours after 8 consecutive hours off duty.
14-Hour Limit May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.	15-Hour Limit May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.
Rest Breaks May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes. Does not apply to drivers using either of the short-haul exceptions in 395.1(e). [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]	60/70-Hour Limit May not drive after 60/70 hours on duty in 7/8 consecutive days.
60/70-Hour Limit May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. NOTICE: The Consolidated and Further Continuing Appropriations Act of 2015 was enacted on December 16, 2014, suspending enforcement of requirements for use of the 34-hour restart. For more information see FMCSA’s Federal Register notice: www.fmcsa.dot.gov/regulations/hours-service/hours-service-drivers	Sleeper Berth Provision Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours.
Sleeper Berth Provision Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Updated: Thursday, December 18, 2014
Source: http://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations

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What about when a driver gets sick? Driver illness can also contribute to interstate trucking accidents, as can the medication the driver may take in order to manage symptoms.

The law states:

§ 392.3: Ill or fatigued operator

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

Citation: [35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]

that a driver may never operate a commercial motor vehicle

Call Truck Accident Injury Attorney Jason Waechter: 1-800-708-5433

Motor carriers (employers) are responsible for scheduling drivers' routes to ensure they can do their job without violating the speed limit or Hours-of-Service rules. They are required to set up a run in such a way that the driver can get it done without breaking the law.

Many carriers use GPS tracking and other electronic devices in order to keep track of what their drivers are doing, how fast they are going, and whether or not they are obeying the law. When you contact us about your trucking accident injury case, we will investigate the data collected by these devices which could prove that the driver was in violation of Hours-of-Service laws or others, which could help your case.

Call us today for a free consultation. We have extensively researched and vetted trucking accident injury attorneys in every state in order to form a network of the best truck accident injury lawyers in the country. No matter where you live, or where the accident happened, our network will have you covered. See our results page for more information, or call truck accident injury Attorney Jason Waechter: 1-800-708-5433

Call Truck Accident Injury Attorney Jason Waechter: 1-800-708-5433