Blog

Driver fatigue remains a significant factor in trucking accidents across the United States. Drowsiness due to prolonged periods on the road can greatly impair a driver’s ability to operate safely. Fatigue can slow reaction times, decrease awareness, reduce judgment and increase the risk of falling asleep at the wheel. The consequences can be devastating, especially since truck drivers can be responsible for vehicles weighing 80,000 pounds or more. The National Highway Traffic Safety Administration (NHTSA) reports that drowsy driving contributes to thousands of crashes and injuries each year.

The FMCSA enforces strict limits on how long interstate commercial truck drivers can remain on the road without significant rest periods. These regulations, known as hours of service (HOS) rules, are specifically designed to combat the dangers of fatigued driving. Here is a summary:

• 11-hour driving limit — After 10 consecutive hours off duty, drivers may drive up to 11 hours in a 14-hour window.

• 14-hour limit — Once a driver comes on duty after a rest period, they have a 14-hour window to complete all driving, after which they must take another extended break.

• 30-minute break requirement — Drivers must take a 30-minute break after eight cumulative hours of driving without at least a 30-minute interruption.

• 60/70-hour limit — Over seven or eight consecutive days, a driver cannot drive after accumulating either 60 or 70 hours on duty, depending on the company’s schedule, until they have taken at least 34 consecutive hours off duty (the “34-hour reset”).

Trucking companies are required by federal law to monitor and enforce HOS compliance among their drivers. This means keeping accurate records, traditionally via logbooks, now more often with electronic logging devices (ELDs). It also means ensuring drivers do not face unreasonable delivery schedules that can only be met by ignoring the law. 

Despite these explicit restrictions, companies sometimes pressure drivers to meet unrealistic deadlines. Or drivers might be motivated by pay structures that reward the number of miles driven, which can incentivize them to work beyond safe limits or to falsify records. Companies also might hire novice drivers and fail to adequately train them on HOS regulations.

When a trucking accident occurs and fatigue is suspected as a factor, both the driver and the trucking company may be held liable to pay damages to people injured as a result. Courts may award compensatory and, in some cases, punitive damages if willful misconduct or gross negligence is established, especially when noncompliance with HOS rules is a contributing cause of serious injuries or fatalities. The FMCSA may also impose steep fines and other penalties for regulatory violations.

If you have been injured in an accident involving a commercial truck, an experienced truck accident attorney can investigate the causes, determine the actions or omissions of the parties that may have contributed and help you recover the financial compensation you need and deserve.

The law firm of Walsh & Franseen in Edmond is dedicated to representing injured victims of truck accidents across Oklahoma. Call us at 405-843-7600 or contact us online to arrange a free consultation.