Recent studies by The Federal Motor Carrier Safety Administration (FMCSA) conclude that 65% of truck drivers report feeling drowsy while driving. Nearly 50% of all truck drivers admit to falling asleep behind the wheel in the last calendar year. It’s no wonder that driver fatigue is one of the leading causes of truck accidents in the US. Truck accidents caused by drowsy driving are especially concerning, as only a few seconds of lapsed judgment can cause catastrophic damage and injuries. Below, we discuss how driver fatigue impacts trucking accidents.
How Dangerous is Driving While Tired?
Driving while drowsy can be just as dangerous as driving while intoxicated. Being tired while driving affects the body in ways similar to drinking, such as impairing your vision, reaction time, judgment, and coordination. It also makes you more likely to drive recklessly, such as veering into other lanes, failing to follow traffic signals, and crashing into objects. Fatigued drivers could also experience periods of “microsleep,” where you fall asleep for just a few seconds. However, these few seconds of unconsciousness behind the wheel can have disastrous effects if you get into an accident.
Truck Driver Hours of Service
All commercially licensed truck drivers in the US must follow strict guidelines regarding work, rest, and sleep time. These guidelines are called Truck Hours of Service and are put in place by the FMCSA. According to these guidelines, truck drivers can’t drive for more than 11 hours after having a consecutive off-duty period of 10 hours. They must limit themselves to a 14-hour driving window (including rest and meal breaks) in 24 hours. If more than eight consecutive hours have passed since a driver’s last rest time, they must take a 30-minute break. They cannot work more than 60 hours in seven days or 70 hours in a consecutive eight-day period. Florida has specific requirements for truck drivers, which are detailed in Florida Statute 316.302. However, there are many exemptions to these time limits, which can cause driver fatigue. For instance, Florida law allows Hours of Service exemptions for commercial truck drivers transporting food, livestock, and feed during harvest seasons.
Truck drivers must keep detailed written logs of their rest and work times. When requested, they must hand these logs to the Department of Highway Safety and Motor Vehicles. Truck drivers can face other civil penalties for falsifying these documents.
Who is Responsible for a Trucking Accident Caused By a Drowsy Driver?
Trucking companies must adequately insure their truck drivers when completing routes, even if the driver is considered an independent contractor. For this reason, the trucking company is usually responsible for paying damages for accidents caused by on-duty drivers. However, if the driver violated rest and work rules when the accident occurred, they could be held personally liable.
Proving Drowsy Driving in a Truck Accident
Proving that a truck driver was drowsy during an accident can be challenging. That’s why it’s important to contact an experienced truck accident attorney in Central Florida who will investigate the circumstances that led to the accident and determine if drowsiness played a role. Your attorney may request the truck driver’s log book to see whether they complied with adequate rest and work times. Your attorney will also look for inconsistencies to see if the documents have been altered or falsified. You may be able to show that the driver experienced a period of sleep deprivation just before coming to work, such as experiencing stress at home, having a new baby, or other situations that may cause someone to be more tired than usual.
King Law Firm: Trucking Accident Attorneys in Central Florida
With decades of experience representing injured Central Florida drivers, we know Central Florida’s major trucking routes and accident-prone areas. We can also spot warning signs indicating the driver was drowsy when the accident occurred. Call our team at 352-629-8747 for a free consultation to discuss your case.
