Fatigued truck drivers are literally everywhere, and it’s no wonder why there are so many tired, drowsy, and sleepy truck drivers on our roads and highways. After all, the U.S. has a major truck driver shortage, which means all truck drivers constantly have to keep up with the ever-growing demand for delivery services across the nation, prompting many of them to sacrifice sleep in order to be able to keep up with unrealistic deadlines.
“The average commercial truck can weigh up to 80,000 pounds, which makes it extremely difficult to drive even for a trucker who has had plenty of sleep, is full of energy and vigilant,” says our Kansas City truck driver fatigue accident attorney at Mayer & Rosenberg, P.C.
In order to operate a truck safely, a truck driver has to pay attention to the road and constantly look at his or her rear-view and side-view mirrors in order to check blind spots, not to mention that the braking distance is much longer in trucks than in passenger vehicles.
A truck driver who has had little to no sleep or rest and/or is driving for more consecutive hours than allowed by federal law cannot be expected to stay focused on the road, be fully aware of his or her surroundings, and constantly check the blind spots.
Do not get us wrong. We are not trying to convince you that all truck drivers are fatigued and dangerous. “All we want to say is that there are many fatigued truck drivers on our roads, and fatigued driving is dangerous because it impairs the driver’s reaction times, judgement, and decision-making abilities, which significantly increases the risk of being in a truck accident,” explains our experienced truck accident lawyer in Kansas City.
Statistics indicate that about 40 percent of all truck accidents in Missouri and all across the U.S. are caused by lack of sleep and fatigued driving. In fact, you are more likely to encounter a fatigued truck driver than a drunk truck driver despite the common stereotype that all truckers drive under the influence of alcohol.
Lack of sleep is not the only factor that causes fatigue in truck drivers. Driving for many hours in a row, working in a stressful environment, facing tight deadlines and heavy workload, not getting adequate rest, and many other factors also cause and contribute to truck driver fatigue.
There are specific federal regulations that address fatigued driving. Under the federal regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA), truck drivers are prohibited from driving for more than 11 consecutive hours to prevent driver fatigue. Also, truck drivers are legally required to take 10 consecutive hours off before continuing to drive.
“In other words,” says our Kansas City truck driver fatigue accident lawyer at Mayer & Rosenberg, P.C. “Truck drivers are allowed to drive a maximum of 60 hours in one week or 70 hours in eight days.”
It may be rather difficult to prove that the truck driver who was involved in your truck accident was fatigued and that his or her fatigue was the direct or proximate cause of the accident. However, a skilled truck accident attorney may be able to help you request the truck driver’s logbooks, which can become a key piece of evidence in your legal case.
A fatigued truck driver may not be the only party who can be held liable for your damages and losses, as the trucker’s trucking company may also share liability if it failed to properly supervise the truck driver, failed to prevent the truck driver from violating the federal hours of service regulations, and/or in any way caused the truck driver to be fatigued (for example, by setting unrealistically tight deadlines).
You may want to speak to our truck accident lawyers at Mayer & Rosenberg, P.C., to discuss your case and determine liable parties.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.