Fatigue Causes Most Truck Accidents

Posted by rozeklawoffice on February 7, 2010 under Truck Accidents | Be the First to Comment

According to the National Transportation Safety Board, on average, people need about 8 hours of sleep per night. Sleep deprivation, over time, can make a person susceptible to fatigue. Being awake when one is typically asleep or being awake during the early morning hours when the body is use to sleeping, can also lead to drowsiness and fatigue.

The single leading cause of  truck accidents is Truck Driver Fatigue. Most truck accidents occur in the early a.m., a time at which the body is predisposed to sleep. Fatigued truckers are tired, sleep deprived and unable to focus and concentrate. Studies have also shown that the risk of fatigue causing truck accidents is directly proportional to the number of hours a truck driver is on the road.  And truck driver fatigue may be a factor is 30-40% of semi-truck accidents, making it the leading cause of truck accidents. Many feel the 30-40% estimate is quite low because it is based upon driver’s self-reporting fatigue.

Federal regulations require drivers to maintain a record of their status either by using an approved log grid or an automatic on-board recording device. However,driver logs do not provide an efficient and reliable means of tracking the number of hours a commercial driver drives and many truck companies are not aggressive enough in forcing strict compliance with these hours of service limits. For example, the logs may show the driver getting from point A to point B in a certain amount of time, however, when looking closer at the number of miles driven, it is apparent that the truck could not have traveled the documented distance in the amount of time listed in the log. In this example, there are three possible explanations: 1. the trucker was speeding; 2. the trucker was driving too many hours and intentionally falsified his or her log books; or 3.  the trucker kept inaccurate log books. In all incidences, the trucker, the trucking company, and their insurance company would likely be held negligent as a matter of law for this conduct.

Fortunately, there are new technology advances that can help alert a truck driver when he/she may be falling asleep. For example, Lane Departure Warning Systems (LDWS) monitor the location of the vehicle within the lane and alert the driver when the vehicle drifts from the lane. Research results have shown that LDWSs decrease lane departures, and system users have reported that LDWSs help them to maintain their vehicles’ lane  positions. Other systems that monitor the vehicle, such as steering position monitors, as well as systems that monitor driver behavior, such as one system that measures the driver’s eyelid closure, have also been developed to detect fatigue. These on-board devices can signal the drivers that their alertness was diminishing, both helping to increase their alertness in the short term and prompting them to seek opportunities to rest safely. Unfortunately, these devices are not yet mandated to replace the manual driving logs.

Whenever a semi-truck causes a crash there is a reason. Although commonly called an “accident”, the crash is not accidental. Usually a thorough investigation will lead to the conclusion that the crash was due to fatigue, driving too many hours, cell phone use, the use of drugs and alcohol, and inattentive driving. An investigation by an experienced investigator and trucking lawyer will expose the trucking company and/or driver’s faults. An experienced trucking attorney can review critical evidence in trucking cases such as log books, toll receipts, and credit card trip receipts and essentially recreate the trip of the negligent driver. There are specific rules requiring trucking companies to keep this documentation for a limited period of time. It is essential in trucking accident cases for the victim or their attorney to immediately notify the trucking company that they must not destroy this documentation. If the trucking company is properly notified and they do destroy the evidence, then the company can face severe sanctions.

If you or a family member have been injured as a result of a truck accident, be sure to Contact an Experienced Truck Accident Lawyer for you or your family member’s case.