Notes

Truck Driver Fatigue

According to the National Transportation Safety Board, people need, on average, 8 hours of sleep each night. Sleep deprivation can, over time, lead to fatigue. Being awake when typically asleep or being awake during the early morning hours when the body is use to sleeping, can also lead to fatigue. Like impairment from alcohol or drugs, impairment from fatigue is just as dangerous when driving. But unlike alcohol or drugs, driver fatigue is hard to measure.

The National Transportation Safety Board has conducted studies, which concluded driver fatigue could be significantly implicated in up to 20% of all large truck accident fatalities and 7% of all accidents involving both fatalities and injuries. In fact, one-third of drivers questioned in a survey admitted they had fallen asleep at the wheel in the last 12 months. Research shows driver fatigue is most notable between 2 am and 6 am, followed by mid-afternoon. Drivers are under constant pressure to meet delivery deadlines and profit margins can be quite slim, thus forcing drivers to continue driving when fatigued.

Federal and state regulations require Wisconsin interstate truck drivers to maintain a record of their status either by using an approved log grid or an automatic on-board recording device. However, these types of logs often do not provide a reliable means of tracking the number of hours a truck driver is on the road and many Wisconsin truck companies are not strict when it comes to making sure their drivers comply with service limits. For instance, the logs may show the driver going from point A to point B in a certain amount of time, however, when looking at the number of miles driven, it becomes apparent that the driver could not have traveled the documented distance in the amount of time recorded in the log. There are 3 possible explanations for this discrepancy: 1. the trucker was speeding; 2. the trucker was driving too many hours and intentionally falsified his or her log books; or 3. the trucker kept inaccurate log books. In all incidences, the trucker, the trucking company, and their insurance company would likely be held negligent for this conduct.


Fortunately, there are new technology advances that can help alert a truck driver when he/she may be falling asleep. For example, Lane Departure Warning Systems (LDWS) monitor the location of the vehicle within the lane and alert the driver when the vehicle drifts from the lane. Other systems that monitor the vehicle, such as steering position monitors, as well as systems that monitor driver behavior, such as one system that measures the driver's eyelid closure, have also been developed to detect fatigue. These on-board devices can signal the drivers that their alertness was diminishing, both helping to increase their alertness in the short term and prompting them to seek opportunities to rest safely. Unfortunately, these devices are not yet mandated to replace the manual driving logs.

Whenever a semi-truck causes a crash there is a reason. Although commonly called an "accident", a crash is not accidental. Although truck drivers are unlikely to admit to driving fatigued, circumstantial evidence showing the accident was caused by driver failure to react and/or long hours of service preceding the accident, usually leads to the conclusion that the crash was due to fatigue and inattentive driving. An investigation by an experienced investigator and trucking lawyer will expose the trucking company and/or driver's faults. An experienced trucking attorney can review critical evidence in trucking cases such as log books, toll receipts, and credit card trip receipts and essentially recreate the trip of the negligent driver. There are specific rules requiring trucking companies to keep this documentation for a limited period of time. It is essential in trucking accident cases for the victim or their attorney to immediately notify the trucking company that they must not destroy this documentation. If truck driver temp agency is properly notified and they do destroy the evidence, then the company can face severe sanctions.

Also, to prove fatigue, it may become necessary to employ the use of expert testimony to explain the science of fatigue and the physiology associated with it so that a jury can fully appreciate the significance of long hours of driving, medical conditions that predispose drivers to excessive fatigue and this significance of the Federal Motor Carrier Safety Standards designed to prevent semi-trucks wrecks from inattentiveness due to fatigue.

If you or someone you know has been injured as a result of a truck accident, be sure to contact an experienced Truck Accident Lawyer.



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