According to the National Highway Traffic Safety Administration (NHTSA), driver fatigue, or “drowsy driving,” is a major cause of serious vehicle accidents. Driver fatigue impairs judgment, reduces reaction time, and decreases concentration, often resulting in a truck accident. If you’ve been in a truck accident and need a professional, experienced truck accident attorney, the Law Offices of Jacob Emrani is here to help.
Why Driver Fatigue is Dangerous for Truck Drivers
The hours of service for truck drivers are often long and extend into the night, so fatigue is a common issue. Driver fatigue is particularly dangerous for truck drivers because it’s much more difficult to react to changing traffic conditions and hazards while driving large trucks. Fatigue causes impaired judgment, making it difficult for truck drivers to make quick, sound decisions while on the road.
Maintaining focus while tired is also difficult, which increases the risk of missing important road signs and reacting to sudden traffic events. Drivers may experience something called microsleep, a brief period of unconsciousness, causing serious drowsy driving truck accidents.
Common Causes of Truck Driver Fatigue
Driver fatigue can affect anyone, no matter what type of vehicle you drive, but truck drivers tend to face this problem more than other drivers. Here are some of the most common causes of truck driver fatigue.
Long Hours on the Road
Many truck drivers spend long hours on the road due to demanding delivery schedules and strict deadlines set by their employers. This increases pressure on truck drivers, and they often sacrifice much-needed rest to get the job done.
Night Driving and Irregular Schedules
Truck drivers often drive at night and must adhere to irregular schedules, increasing the risk of a fatigued truck driver accident. Long-haul routes, overnight driving, and extensive hours impact the natural sleep-wake cycle, causing driver fatigue.
Sleep Apnea and Health Issues
Poor diet while on the road may lead to a variety of health issues, such as diabetes and heart disease. Truck drivers who have a health condition called sleep apnea can also face serious fatigue during working hours.
Pressure from Trucking Companies
One of the most common types of commercial truck accidents is fatigue-related accidents due to pressure placed on drivers from the trucking companies they work for. These companies may insist that drivers reach their destination within a certain timeframe, resulting in the drivers working overnight or longer hours without proper rest.
Hours-of-Service Regulations and Trucking Laws
The federal government and the state of California both have specific truck driver sleep regulations. Here’s what to know about these hours-of-service regulations at the state and federal levels.
California Laws
- Commercial vehicle drivers in California can drive for a maximum of 12 hours after having 10 consecutive hours off duty.
- California truck drivers must stop driving after 16 hours following eight consecutive off-duty hours.
- All truck drivers in California must stop driving after serving 80 hours on duty for a consecutive eight-day period.
- The state’s “sleeper berth provision” allows for 10 hours of off-duty time to be split between two periods of a two-hour minimum each, and they must be spent in the truck’s sleeper berth.
Interstate Laws
- Commercial vehicle drivers operating in interstate commerce can drive for a maximum of 11 hours after 10 consecutive hours off duty.
- Interstate drivers cannot drive after the 14th hour on duty following their 10 hours off duty.
- All drivers must take a 30-minute break after driving for eight hours without a break.
- Drivers cannot drive after 60 hours on duty in seven days or 70 hours in eight days.
How Fatigue Leads to Different Types of Truck Accidents
Fatigue may lead to different types of truck accidents based on the individual circumstances. These are some examples of how driver fatigue can result in truck accidents.
- Lack of concentration may cause a truck to drift or swerve into other lanes or the shoulder, leading to a head-on collision or sideswipe.
- Delayed reaction times and/or impaired judgment increase the odds of rear-end collisions and impacts with other vehicles.
- Microsleep and the inability to stay focused may lead to truck drivers running off the road.
- Loss of control due to driver fatigue can lead to trucks and trailers jackknifing or rolling over.
- A slower reaction time may cause truck drivers to fail to brake on time to avoid sudden stops, causing a collision.
Liability in Fatigue-Related Truck Accidents
If you need a semi-truck accident attorney, it’s important to understand how liability in truck accidents works. In many fatigue-related accidents, both the truck driver and their trucking company are held liable for negligence. Victims may pursue compensation for damages like pain and suffering, medical bills, and lost wages.
Depending on the circumstance, drivers may also be held liable for violating hours-of-service regulations or for failure to recognize and act on their fatigue. The trucking company can be held liable if it pressures drivers with tight deadlines or if the company fails to enforce safety rules.
What Victims Should Do After a Truck Accident
Follow these tips after you’ve been involved in a truck accident:
- After calling 911 to report the accident, make sure you and your passengers are safe, and seek medical attention immediately.
- Try to get witness statements if possible, and make sure you get a copy of the police report that includes the driver’s personal and company information.
- Take pictures and videos of all of the vehicles involved.
- Once the accident is cleared, contact your insurance company to file and claim, and contact an experienced big rig accident lawyer.
How a Truck Accident Lawyer Can Help
A professional truck accident lawyer in Los Angeles can help you win your case and make sure that you receive the compensation you deserve. Your lawyer will help with tasks like interviewing witnesses, reviewing police reports, and identifying all liable parties. They’ll also collect vital evidence like crash scene footage and photographs, and look at your medical records to help prove your injuries and any related financial losses.
If needed, a truck accident lawyer may also bring in additional support like accident reconstruction specialists, medical professionals, and others to explain the full impact of your injuries and prove that fatigue was involved. Your lawyer will also help handle all communication with your insurance adjuster and insurance company to negotiate full compensation. If the trucking company tries to minimize the payout or blame you for the accident, your lawyer fights to negotiate and will file a lawsuit if needed to argue for your rights in court.
Contact Jacob Emrani Today
If you’ve been in a truck accident due to driver fatigue, don’t wait to get the help you need. The experts at the Law Offices of Jacob Emrani specialize in helping truck accident victims just like you. To learn more or to book an appointment for a consultation, contact us today!