A study by the Federal Motor Carrier Safety Administration (FMCSA) reports that truck driver fatigue is a factor in 13% of serious truck crashes. A National Transportation Safety Board study found that truck driver fatigue may contribute to up to 31% of fatal collisions involving large trucks. Driver fatigue is a growing concern in catastrophic truck accidents.
What is fatigue?
Fatigue is decreased mental or physical energy to complete a task. It typically arises after doing a particular task or process for too long.
It may mean feeling tired and may decrease the performance of a task.
Accidents Caused by Truck Driver Fatigue
Exact numbers vary based on how fatigue is defined and attributed in accident reporting.
However, the statistics all say the same thing— truck driver fatigue is a serious problem that causes and contributes to catastrophic accidents.
- 1.67% of fatal heavy truck accidents in the Fatal Accident Reporting System (FARS) cite driver fatigue as a factor. The NTSB believes that the number is underrepresented.
- The NTSB says that truck driver fatigue may be a factor in 30-40% of heavy truck accidents.
- 65% of truck drivers say they felt tired or fell asleep while driving in the past year.
- A truck driver may operate for up to 70 hours in an eight-day period. They must then take at least 34 hours off before their driving limit restarts.
- A driver carrying property only (no passengers) may drive for up to 11 hours and for up to 14 hours total after coming on duty. They must then take at least 10 hours off.
- Thirty-minute breaks are required for every eight hours of cumulative driving. For the break to count, the driver can’t be driving, but they may still be on duty.
- 69% of truck drivers suffer from obesity and more than half of them smoke. (National Institute for Occupational Safety and Health).
- 88% of truck drivers have at least one risk factor for chronic disease. By comparison, 54% of the general population has the same risk factors, including hypertension, smoking, and obesity.
Truck drivers are expected to work long hours. Although there are hours limits, there are exceptions for adverse weather conditions and for short-haul drivers. Breaks may not be taken as required by law, or they may not be sufficient to prevent driver fatigue. Drivers are often paid per driving mile rather than by salary. Drivers may be incentivized to drive for long hours and at speeds that are unsafe.
Understanding Truck Driver Fatigue
Truck driving involves the mind and the body and is physically and mentally tiring. When a driver has fatigue, they may not respond well to the conditions around them. They may make driving errors.
Mistakes can be physical or mental. A weary truck driver may not mentally take in information that there is a driver in the next lane. The result may be an improper lane change. They may misjudge the space needed to execute a turn. A driver may make a physical error, such as failing to apply the brakes properly or turn the steering wheel the intended amount. The result may be an accident.
Personal characteristics may impact how a truck driver suffers fatigue after long hours on the road. Adequate rest, nutrition, physical fitness, and physical health can all impact the rate at which a driver will suffer fatigue.
In addition, road conditions may make a difference. Heavy traffic or poor road surfaces may require extra focus and attention.
Truck Driver Fatigue Accidents
Truck driver fatigue may be a cause of an accident. When fatigue causes a driver to make an error, the driver may be at fault. Negligence may be the basis for a claim for compensation.
The plaintiff must prove the following:
- The defendant owed a duty of care to the plaintiff. Truck drivers and trucking companies owe a duty of care to others. Because they are commercial operators with large and heavy vehicles, their duty of care is high.
- They breached their duty by negligence. Allowing, requiring, or incentivizing a driver to continue to operate when they are fatigued may amount to negligence.
- Damages resulted from the breach of duty. Negligence must be a proximate cause of the accident. This includes that the injury would not have occurred but for the defendant’s negligence and legal cause, which means foreseeability of harm.
J.T. Baggerly v. CSX Transp., Inc., 370 S.C. 362, 368–69, 635 S.E.2d 97, 101 (2006).
To have a claim, the driver’s fatigue must be a cause of the accident. If a driver is fatigued and there is no accident or even if there is a near miss, there is no case. If the truck driver is not at fault for the accident, there is no causation, even if operating fatigued is ethically wrong. The victim must prove causation. Comparative negligence may also apply.
Proving Truck Driver Fatigue
Ways to prove truck driver fatigue include the following:
- Conducting a deposition of the truck driver where they must answer questions under oath.
- Deposing others from the trucking company and asking questions about the specific driver and company practices in general.
- Serving a subpoena for driver logs and policies regarding hours of operation.
- Investigating the actions of the driver leading up to the collision.
- Asking for admissions under oath.
- Evaluating electronic devices that may have recorded driving activity.
- Reviewing witness testimony of the collision.
- Reviewing receipt and toll records to show how far the truck traveled.
- Understanding health issues and substance use.
- Reviewing the driver’s employee record, hours driven, any previous discipline.
Compensation You May Receive
Compensation for driver fatigue causing a catastrophic truck accident may include economic and non-economic losses. Trucking companies are required to carry large insurance policies to satisfy claims. To receive compensation, you must bring a claim.
Lawyer for Driver Fatigue in a Catastrophic Truck Accident
Have you suffered catastrophic injuries in a truck accident? Contact Bobby Jones Law for catastrophic truck accidents. We handle claims involving driver fatigue. Contact us now.
