Jacksonville Truck Driver Fatigue Lawyers
Truck Driver Fatigue
Commercial truck drivers transport various types of cargo over thousands of miles in vehicles up to eight and a half feet wide, over 48 feet long and weighing up to 80,000 pounds. The size and weight of these commercial vehicles make them very dangerous to other smaller vehicles on the road, which is why they are governed by strict federal regulations as established by the Federal Motor Carrier Safety Administration (FMCSA). One of the most significant safety risks to smaller vehicles is truck driver fatigue.
Big rig operators are paid to transport their cargo from point A to point B in a timely manner. Unfortunately, trucking companies often impose unrealistic delivery times and/or offer monetary incentives for early delivery, which pressure and even encourage truck operators to violate important safety regulations. To make an early or even scheduled delivery, drivers may continue driving for extended periods of time without the sleep or rest that they are legally bound to take. If a fatigued driver causes a big rig injury accident in Florida, an experienced Jacksonville truck crash attorney can help the injured victim(s) hold the at-fault driver liable for their negligence in civil court.
FMCSA HOS Regulations
The FMCSA has established various regulations in its efforts to ensure the safety of commercial vehicles in the U.S. To hold commercial carriers accountable for road safety and focus their enforcement, the FMCSA uses the Motor Carrier Safety Measurement System (SMS). SMS evaluates carrier safety according to several criteria, including fatigued driving. The FMCSA regulates the operational hours of a commercial motor vehicle (CMV) driver with the Hours-of-Service (HOS) regulations. As of 2011, the current set of regulations imposes the following general limits:
- 14-Hours On-Duty – Prohibits driving beyond the 14th consecutive hour of being on-duty, after 10 consecutive hours off-duty. Driving is limited to the 14-hour duty period. Off-duty time does not extend the 14-hour on-duty period.
- 11-Hours Driving - The 14-hour duty period may only include a maximum of 11 consecutive driving hours. A driver may not drive again until after 10 consecutive hours off-duty.
- 60/70-Hours On Duty – Prohibits driving beyond 60/70 hours on-duty in 7/8 consecutive days. A driver can drive again when the on-duty hours are below the 60/70-hour limit for 7/8 consecutive days, but can also start a new cycle by taking 34 or more consecutive hours off-duty.
Consequences of Driving Fatigued
A truck driver may become fatigued if they are not getting enough sleep, not getting quality sleep, or not taking their required rest breaks. When they are fatigued during the hours that they are supposed to be alert and driving, they increase the risk of causing a serious injury truck accident. Common consequences of fatigued or drowsy driving include:
- Slower reaction times;
- Drifting across lanes;
- Inconsistent speeds;
- Abrupt braking;
- Failure to brake;
- Poorly navigated turns;
- Over-steering; and
- Under-steering.
Fatigued driving is just as dangerous as driving while under the influence of alcohol or drugs and can result in serious injury or fatal accidents.
How an Experienced Truck Accident Attorney Can Help
Truck driver fatigue is one of the most common forms of truck driver negligence and is completely avoidable. If you or a loved one has been injured in a Florida big rig crash caused by a fatigued truck driver, you have the legal right to hold the at-fault driver liable in civil court. Our dedicated Jacksonville truck accident lawyers at Farah & Farah are well-versed in trucking regulations and have the skills and resources to obtain the compensation you deserve. Call us today to find out more about your legal rights and options at (800) 533-3555.
Source: http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.pdf ; http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm; http://ops.fhwa.dot.gov/freight/publications/size_regs_final_rpt/size_regs_final_rpt.pdf; Trial: The New Rules in Trucking Discovery
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