There are many large commercial trucks in and around Philadelphia. These vehicles cross Pennsylvania roadways each day and provide valuable services to our economy. However, large trucks can also cause serious accidents and severe injuries. The Philadelphia truck accident attorneys at the Ciccarelli Law Offices want to discuss how driver fatigue causes these incidents.
What causes driver fatigue?
Being tired behind the wheel is not a phenomenon only associated with truck drivers. However, a fatigued driver behind the wheel of a large commercial truck can cause immense damage and serious injuries.
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) conducted a survey and found that the main reasons behind commercial truck accidents are overworked and fatigued drivers. The Truck Crash Causation Study covered more than 12,000 commercial truck accidents over a three-year period. These Incidents resulted in 249 deaths and 1,654 injuries. The study found that as much as 13% of all truck accidents were caused by driver fatigue.
There are various reasons that truck drivers fall asleep or experienced fatigue behind the wheel. This can include unrealistic schedules and expectations from trucking companies. When a driver receives pressure from their supervisors, they will force themselves to drive despite being tired. The study by the FMCSA and the NHTSA found that 10% of crashes in their study involved drivers who felt pressured by the truck carrier.
Some other common causes of truck driver fatigue can include:
- Legal prescription and over-the-counter medications with specific side effects.
- Consumption of alcohol or illegal drugs before driving.
- Undiagnosed or untreated sleep conditions.
- Unwillingness of a driver to pull over when they need rest
Holding the company & the driver liable
In most cases, both the truck driver and the truck’s owner/operator can be held liable for any crash injuries and damages. The trucking company should have “vicarious liability” in these situations, which means they are responsible for the actions of the driver when they are behind the wheel. In order for the driver and company to be held liable, a Philadelphia truck accident attorney will need to obtain all evidence related to the incident, including photo and video surveillance, eyewitness statements, accident reports, hours of service logs, vehicle maintenance logs, and more.
Federal laws and regulations to prevent driver fatigue
The FMCSA has set strict guidelines regarding hours of service (HOS) for truck drivers to follow in order to prevent fatigue driving. These regulations limit truck drivers to 11 hours of driving time after ten consecutive hours off duty.
In addition, truck drivers are prohibited from operating more than 60 hours of driving time over a seven day period, or more than 70 hours of driving time over eight consecutive days.
Do I need a Lawyer?
If you or somebody you care about has been injured in an accident that was caused by the careless or negligent actions of a truck driver or trucking company, seek legal assistance from the Ciccarelli Law Offices today. We are ready to investigate every aspect of your case and work to secure the compensation you deserve, which can include:
- Your medical expenses related to the truck crash
- Any lost income if you cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against the truck driver or trucking company
If you need an injury attorney in Philadelphia, you can call us for a free consultation of your case by clicking here or calling (215) 228-0100