Driver Fatigue Is a Major Cause of Trucking Accidents
Driver fatigue is a well-documented cause of motor vehicle accidents, particularly in the commercial trucking sector where drivers are on the road for long hauls. The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in about one in eight large-truck crashes. According to the Large Truck Crash Causation Study (LTCCS), out of 963 crashes studied, fatigue was cited in 13 percent of cases where the truck driver was at fault.
Fatigued driving is hazardous because it impairs judgment, slows reaction times and reduces attention to the road, effects which the Centers for Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA) have likened to those of alcohol impairment. For example, operating a vehicle after staying awake for 18 hours produces impairment comparable to a blood alcohol concentration (BAC) of 0.05 percent. After 24 hours, it’s comparable to a BAC of 0.10 percent, which is over the legal limit for commercial drivers.
To mitigate fatigue, the FMCSA enforces detailed hours of service (HOS) regulations for commercial drivers. Most recently revised in 2020, the rules include these restrictions:
- 11-Hour Driving Limit — A maximum of 11 hours driving after 10 consecutive hours off duty.
- 14-Hour Limit — No driving beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off.
- 30-Minute Break Requirement — Drivers must take a half-hour break after eight cumulative hours of driving without at least a 30-minute non-driving interval.
- 60/70-Hour Limit — No driving after 60 hours on duty in seven consecutive days, or 70 hours in eight days. A driver can restart the seven- or eight-day period after taking off 34 or more consecutive hours.
- Sleeper Berth Provision — Drivers can split their 10-hour off-duty period, as long as one off-duty period is at least two hours long and the other is at least seven consecutive hours in the sleeper berth.
There are exceptions to these limits, such as for adverse driving conditions or short-haul operations.
Carriers have a legal obligation to ensure their drivers’ compliance with HOS regulations. Trucking companies must monitor drivers’ logs, schedule shifts that permit required rest, educate drivers on fatigue and maintain records showing compliance. Failure in these duties can result in administrative penalties and increased liability exposure.
Trucking companies are responsible for their employees’ actions within the scope of employment. If a company encourages HOS violations, neglects to monitor compliance, or dispatches drivers in a manner making violations likely, liability for compensatory and even punitive damages may follow. Plaintiffs’ trucking accident attorneys may use logbook records, digital evidence or company policies to demonstrate negligence or willful noncompliance.
At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY, our experienced attorneys represent clients injured in truck accidents throughout Long Island. To schedule a free consultation, call 631-360-0400 or contact us online.
