How Can My Lawyer Prove Truck Driver Fatigue?
August 22, 2024
The dangers of driving under the influence of drugs and alcohol have been well documented. While both have been known to slow reaction times, impair judgment, or inhibit one’s ability to maintain one’s lane of travel, there is a lesser-known habit among truck drivers that may produce the same effects. Driver fatigue or driving drowsy can lead to serious consequences on Maryland roadways. Determining whether a truck driver has fallen victim takes a bit of investigation and knowledge in interpreting the law.
First, consider the fact that driving more than 20 hours without sleep has the same effect on the body as driving with a blood-alcohol concentration of 0.08 percent, which is the legal limit of impairment in the state of Maryland. With 42 trucks involved in fatal truck accidents in the state in 2021, it is essential to be on the lookout for potentially hazardous situations and ways to avoid them.
What Are the Most Common Reasons for Commercial Truck Accidents?
According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue ranked among the top 10 factors for large truck accidents. The list also included:
- Brake problems
- Traffic flow interruption (congestion from a previous crash)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with roadway
- Roadway problems
- Required to stop before the crash (at a traffic control device or crosswalk)
- Over-the-counter drug use
- Inadequate surveillance.
What Regulations Are in Place for Truck Drivers?
To prevent driver fatigue, the FMCSA also administers the summary of hours of service regulations, which truck drivers are required to adhere to. These laws limit the number of hours truck drivers can spend behind the wheel during the average work week.
Such restrictions stipulate that drivers can work 14 hours maximum, but they are required to take a mandatory 10 continuous hours off between shifts. However, a 14-hour work period does not mean consecutive hours on the road. Rather, time spent driving must not exceed 11 hours. Additionally, drivers on duty for eight hours without a break must take a minimum 30-minute break. And finally, a driver is not permitted to work more than 60 hours in seven days or 70 hours in eight days. The regulations attempt to consider the irregular schedules of drivers in aligning mandates that will ensure safety but also factor in practicality. There are additional provisions and exceptions pertaining to rigs with sleeper berths, driving during adverse conditions, and traveling with short-haul times.
Despite the best efforts of rules and regulations, some truck drivers use loopholes or other dishonest tactics to “dodge the system” and log additional hours. Incentives in pay and time spent with family are among the most common reasons to sidestep the regulations. As a result, paper logs are being replaced with digital versions to avoid tampering.
Call the Baltimore Truck Accident Lawyers at LeViness, Tolzman & Hamilton for Assistance if You Are involved in a Drowsy Driving Accident
Considering the severity of most accidents involving large trucks and cars, there’s no guarantee that everyone will walk away from such a collision. Since every situation is different, let the Baltimore truck accident lawyers at LeViness, Tolzman & Hamilton help you determine your best course of action. Call 800-547-4LAW (4529) for a free consultation, or complete our online form.
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.