It is no secret that the drivers of large commercial trucks are under time pressures to meet delivery deadlines, and that often means long hours behind the wheel. Although there are mandated rest periods, truck drivers will often ignore those rules to make sure that they are paid at the best rate possible for delivery. When a truck driver who is fatigued and fails to heed the required rest periods, any accident or resulting injuries could bring both civil and criminal penalties against the driver.
New Regulations on Truck Driver Rest
In response to increases in accidents caused by fatigued drivers, the National Highway Traffic Safety Administration called for stricter rest hours for truck drivers. In response, the Federal Motor Carrier Safety Administration changed the driver Hours of Service regulations as follows:
Amazingly, trucking companies are protesting the new rules, and have gone as far to say the government has no right to tell them how much rest to get. This is an interesting response since nearly 4000 people were killed last year in large truck accidents, and it is estimated that 10-15% of those are caused by fatigued drivers. If companies wont regulate their own drivers and fail to follow federal guidelines, the only way to amend these practices is through the threat of liability and payment of damage awards to victims.
Who Is Liable for Injuries Caused by a Fatigued Driver?
Anyone who has driven long distances knows how difficult it can be to stay awake for many hours on the highway. For this reason, many truckers turn to different types of stimulants to stay awake, but those don’t always work to maintain alertness. There is no substitute for rest, and when truckers ignore federal standards for safety they expose themselves and their employers to legal liability.
One driver in a recent accident dozed off and crashed into the back of a vehicle stopped for another accident scene. The woman in the car was killed and the driver was charged with reckless homicide. This is only one example, but if a driver has not had sufficient rest, or if their employer does not insist on adhering to federal standards, both could be held liable for any injuries or deaths that result.
Not following the regulations is clearly negligent, and if fatigue contributes to an accident then liability will be assigned to the driver. Further, if the employer does not monitor or enforce driver rest period, they too could be held liable for failing to mandate safety practices. Anyone injured by a commercial truck in an accident should investigate whether driver fatigue was the cause, and if rest period had been followed. Truckers keep time logs just for this purpose, and assuming that they are accurate, this could be the means to establish fault.