A tractor trailer truck can weigh up to 80,000 pounds, making these trucks a deadly weapon in the hands of a driver who is tired or not paying attention. The National Highway Safety Transportation Administration (NHTSA) estimates that seven percent of all crashes and 16.5% of fatal accidents involve a drowsy driver.
Driver Fatigue Regulations
The laws and regulations that apply to driver fatigue are complex and changing, so it is important that your attorney has experience in bringing personal injury lawsuits against fatigued drivers.
The Code of Federal Regulations (CFR) has very explicit limits on the number of hours that a commercial driver may be driving or on duty. A violation of these limits can serve as the basis of a negligence or negligence per se lawsuit.
The three most important limitations are:
- Driving time. 49 C.F.R. § 395.3 limits the amount of time a commercial driver may drive. First, a driver may not drive more than a total of 11 hours during a 14-hour shift. Second, during the first 8 hours of their shift, the driver must take a 30-minute rest break. Third, drivers must take 34-hour rest breaks, called “restart periods,” once a week.
- On-duty time. Drivers may be “on duty” even though they are not driving. For example, a driver may spend time fueling or inspecting their truck. Likewise, a driver may spend time waiting while the truck is loaded or unloaded. Drivers may not drive if they have already been on duty for 14 hours.
- Maximum hours per week. Drivers may not drive more than 70 hours per week.
Despite these strict hours of service regulations, truckers are under pressure to drive for long hours and keep strict schedules. As a result, these regulations are commonly violated.
Effects of Fatigued Driving
Drivers who are fatigued can be just as dangerous as drivers who are drunk. Studies show that being awake for 18 hours is equivalent to having a blood alcohol content (BAC) of .05%. And being awake for 24 hours is equivalent to having a BAC of .10%, which is above the legal driving limit in South Carolina.
Just like drunk drivers, drowsy drivers can experience:
- Reduced attention. Drowsy drivers may have difficulty focusing on the road and traffic.
- Slower reaction time. It takes longer for drowsy drivers to respond to hazards.
- Decreased decision-making ability. Drivers have to make countless decisions minute to minute. Fatigue can impair a driver's ability to make quick and accurate decisions.
- Difficulty steering. Drowsy drivers may struggle to maintain control of the steering wheel.
- Problems with braking. Delayed braking or incorrect braking can lead to accidents.
- Increased risk of accidents. Drowsy drivers are more likely to be involved in crashes.
- Increased risk of falling asleep at the wheel. Extreme fatigue can lead to microsleeps and brief periods of unconsciousness.
- Mood swings. Drowsiness can cause irritability and impatience, which can lead to aggressive driving and recklessness.
- Decreased alertness. Drowsy drivers may have difficulty staying awake and alert.
Truck Driver’s Susceptibility to Drowsy Driving
Drowsy driving is particularly likely if the driver meets the following criteria:
- A commercial driver
- A shift worker
- Has a sleep disorder, such as sleep apnea
- Uses sedating medications
- Does not get adequate sleep
Drowsy Driving Safety Tips
If you see another driver drifting out of their lane, swerving, tailgating, or yawning, they are likely drowsy. For your safety, steer clear or consider the following:
- Increase following distance. This gives you more time to react if the drowsy driver swerves or brakes suddenly.
- Avoid tailgating. Tailgating can provoke aggressive behavior and can also make it difficult to see the driver's condition.
- Signal early. If you notice the drowsy driver is about to make a mistake, signal early to alert them.
- Avoid honking. Honking can startle the driver and make them more likely to panic.
- Be ready to change lanes. If the drowsy driver starts to drift towards your lane, be prepared to move to another lane.
- Be aware of your surroundings. Look for safe places to pull over if necessary.
Aggressive Counsel for Injured Drivers
If you have already been involved in an accident with a fatigued driver, it is important to contact a personal injury lawyer with experience in these matters. The attorneys at Pierce, Sloan, Kennedy & Early LLC can assist you in recovering the compensation that you deserve.
Reach out to our firm online or at (843) 968-0886.