Truck driver fatigue is a well-documented and prevalent problem that threatens the lives of everyone on North Carolina roads. If a truck driver exceeds his or her hours-of-service restrictions and drives while drowsy or fatigued, he or she could cause a catastrophic truck accident. After a crash, truck accident victims in Wilmington, NC may be eligible for compensation from the truck driver or trucking company. Schedule your free consultation today.
The Facts Behind Truck Driver Fatigue
Truck drivers have unique jobs that come with unique risks. One is the risk of drowsy driving. Truck drivers are expected to make long drives, often alone and overnight. They may have to sleep at odd hours, in unsafe places and in uncomfortable sleeper berths.
Furthermore, a high number of truck drivers struggle with sleep apnea. The Federal Motor Carrier Safety Administration (FMCSA) reports that almost one-third (28 percent) of commercial truck drivers suffer from sleep apnea, which can disrupt sleep and increase the likelihood of daytime drowsiness.
What Is the Industry Doing to Prevent It?
All of these issues together mean a relatively high risk of truck driver fatigue. To try to alleviate the strain on truckers and help prevent related truck accidents, the FMCSA enforces hours-of-service (HOS) rules.
Federal HOS laws set driving time limits for on-duty commercial drivers. There is an 11-hour maximum driving time limit after 10 consecutive hours off-duty and a 14-hour maximum drive time after coming on duty.
Truck drivers must also take a 30-minute break after they have driven for a period of 8 cumulative hours. Finally, there is a 60/70 on-duty hour limit in each 7/8-day period. A driver may only start a new 7/8-day period after taking 34 or more consecutive hours off.
Common Types of Accidents Caused By Drowsy Truck Drivers
When a truck driver exceeds HOS limits, he or she can become tired to the point of missing road signs, failing to pay attention to the road, losing reflexes and reaction times, and dozing off behind the wheel.
A tired truck driver poses a risk of causing many different types of potentially catastrophic accidents, including:
- High-speed collisions
- Rear-end collisions
- Chain reaction crashes
- Truck override accidents
- Jackknife accidents
- Rollovers
- T-bone accidents
- Head-on collisions
These accidents can easily be fatal for those outside of the truck. The size and weight of an 18-wheeler can crush smaller cars and cause life-threatening injuries.
How to Get Compensated for an Accident Caused by Truck Driver Fatigue
Truck drivers have a responsibility to operate their commercial vehicles safely and obey all applicable federal safety laws. Trucking companies also have a responsibility – to ensure safe operations and not to pressure their drivers to exceed HOS restrictions to make faster deliveries.
If a driver or company violates its duty of care, this is known as negligence. When negligence causes a drowsy driving truck accident, the negligent party can be held accountable through an insurance claim or personal injury lawsuit in Wilmington or throughout North Carolina.
You may be able to access a trucking company’s commercial insurance policy if you were injured because of a drowsy or fatigued truck driver. However, there is no guarantee that the insurance company will treat you fairly. Truck companies and their insurance providers use many tactics to underpay accident victims. You can protect yourself by hiring a motor vehicle accident attorney in Wilmington to represent you from the beginning.