Auto Accident Attorney: Truck Accidents Caused by Fatigued Drivers

A recent article in USA Today highlighted the dangers posed by road-weary truckers. USA Today’s reporters engaged in a four-year investigation and found that some truckers were working shifts of up to 20 hours per day, six days per week. The reporters also found that, on average, truckers were driving without taking breaks required by federal law up to 470 times per day. When this data was compared to federal crash data from the Federal Motor Carrier Safety Administration, USA Today found these drivers were involved in over 180 crashes within one day of driving without taking a break.

According to the American Trucking Association, there are over 3.6 million trucks on the road in the United States at any given time. The Federal Motor Carrier Safety Administration claims over 18,000 trucking accidents per year are caused by driver fatigue.  Further, the US Department of Transportation estimates 4,000 people die each year from large truck crashes, and the leading cause is driver fatigue. With so many fatigued drivers on the road, it is important that you know what to look for and what to do if you are involved in an accident with a truck or tractor-trailer.

Are There Laws and Regulations to Prevent Truckers from Driving While Fatigued?

The Federal Motor Carrier Safety Administration is responsible for regulating our nation’s truck drivers and trucking companies. Federal “hours of service” regulations require that truck drivers may drive only during a period of 14 consecutive hours after coming on duty, with a 10-hour off-duty period between each 14-hour on-duty period. Within each 14-hour period, the driver may only drive 11 hours and must take a 30-minute break after 8 hours. This 14-hour period includes all breaks and gas-stops.

Despite these laws, many truck drivers continue to drive their vehicles beyond the 11-hours approved by law and fail to take the required breaks. While truck drivers sometimes decide to drive long hours on their own, many trucking companies either expressly or indirectly push their drivers to violate the regulations to increase their bottom line.

Both the driver who violates these regulations and his or her employer are subject to fines and other penalties, including criminal prosecution, for violations of the hours of service regulations. Violations of the hours of service regulations may also be used as evidence of negligence in a civil case if the driver’s violation caused an accident.

What Are the Signs That a Truck Driver is Driving While Fatigued?

Fatigued drivers experience many of the symptoms suffered by anyone who has gone for long periods without sleep. These include:

• Hallucinations;

• Longer reaction times;

• Decreased attention and alertness;

• Decreased ability to make proper driving decisions;

• Blurred vision; and

• Confusion

Signs that a truck driver may be fatigued include:

• Drifting in an out of the traffic lane;

• Driving too fast or too slow;

• Failing to react to traffic patterns or traffic control devices, such as traffic lights and yield signs; and

• Sudden changes in speed or direction.

Drivers who notice any of these signs of truck driver fatigue should stay clear of the truck to avoid an accident.

What Should I Do If I Am in An Accident With a Truck or Tractor-Trailer?

Sometimes, no matter how vigilant we are on the road, there is nothing we can do to stop a trucking accident. If you are involved in a trucking accident, you need to contact an experienced attorney immediately. DO NOT DELAY! There is a Statute of Limitations in Pennsylvania requiring that any trucking accident lawsuit be started within two (2) years of the date of the accident which has caused your injuries. If you do not bring a lawsuit within the applicable two-year period, any claim that you may have will be forever barred.

Trucking accidents are often much more complicated than your average motor vehicle accident. The truck driver and the trucking company responsible for the accident are often from another state, or even another country. There may also be several individuals and entities who may be responsible for the accident, including the driver, the owner of the truck, the driver’s employer and the company whose freight was being hauled by the tractor-trailer. Additionally, truck drivers are governed by special federal and state laws and regulations which do not apply to other drivers. You need an attorney who has the experience and resources to fully investigate the accident and identify all those who are responsible.

These cases can also pose complicated jurisdictional challenges, making it hard to bring your lawsuit in your home state. For example, in one of our recent tractor-trailer cases, our client, a Clearfield County resident, was involved in a tractor-trailer accident in Virginia. The trucking company and the driver were both from out of state. By filing a Freedom of Information Act Request and obtaining information that showed the company operated more often in Pennsylvania than almost any other state in the country. We were also able to obtain information on the large amount of taxes and registration fees paid to Pennsylvania by the trucking company. This information was critical to keep the case in the Federal Court in Pennsylvania, saving our client from having to file his suit in Virginia or another inconvenient state.

At the Law Office of Alvin F. de Levie, Esq., we have years of experience handling cases for those who have suffered catastrophic injuries as a result of tractor-trailer accidents throughout the Commonwealth. We have handled cases from Philadelphia and the surrounding counties to Allegheny County, including Blair County, Centre County, Lycoming County, Montour County, Mifflin County, Cambria County, Cumberland County and Dauphin County. If you have suffered a catastrophic injury, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529 (Toll-Free) for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia, State College, Bellefonte and Lock Haven, and we are willing to meet any clients throughout the Commonwealth.