Oregon Truck Accident Attorney
Truck Drivers, Driving Tired May Be As Dangerous As Driving Drunk
Regulations over truck driver hours even more at the center of discussion lately.
Truck driver fatigue may be more common then many who share the road would like to think.
Current accident and transportation research supports that tired driving is hazardous, even equivalent to driving intoxicated, drunk or under the influence of drugs and or narcotics:
January 2011 automotive research suggests that driving tired is like driving drunk: "The researchers estimate that as much as 20 percent of vehicle accidents in industrialized countries can be attributed to fatigue." [1]
In fact, the sleep researchers suggest that it is the driving at night itself which produces this effect under prolonged time durations:
Only 2 hours of continuous nocturnal driving were sufficient to produce driving impairment comparable to a blood alcohol concentration (BAC) of 0.05%; after 3 h of driving impairment corresponds to a BAC of 0.08%. In conclusion, a maximum of two continuous nocturnal driving hours should be recommended. [2]
Federal law on sleep and rest time is detailed by the Federal Motor Carrier Safety Administration hours of service regulations. [4]
Service hours for drivers includes the time inspecting, fueling and otherwise supervising their rig. This is especially important for long haul truck drivers.
The Insurance Institute for Highway Safety conducted a survey and published their finding in 2005 about concerns over the 34 hour restart rule change.
[...] drivers of interstate trucks spend more time behind the wheel under a federal work
rule that went into effect in 2004. This new rule lengthens the mandatory rest period
by two hours but lets drivers stay on the road an extra hour every day. A workweek
restart provision increases allowable driving hours in a 7-day period from 60
to 77. A quarter of drivers who were surveyed said they drive more than the new
daily limit of 11 hours. Eight of 10 drivers said they're taking advantage of the
restart provision that allows them to drive 25 percent more in a week. [5]s
The Federal Motor Carrier Safety Administration length of driving day is under continued scrutiny. As well the 2003 changes to truck driver hours of service and the so-called 34 hour restart rule which essentially allows for a limit of 77 hours of driving a big rig per week under the 2003 rule changes. With the new research on tired driving the hours of service rules are currently under increased skepticism:
This 34-hour restart period cannot ensure a truck driver receives proper rest. Every year more than 4,000 people are killed in accidents involving trucks, according to the FMCSA. The National Transportation Safety Board has said driver fatigue is a factor in 30 to 40 percent of these crashes. In fact, research shows the risk of a crash increases twofold after eight hours of consecutive driving, and driver fatigue is the leading contributing factor in truck driver deaths from crashes. [3]
The Insurance Institute for Highway Safety argues that truck accident fatalities have increased due to fatigued truck drivers since this rule change. The data is difficult to parse clearly because our roads have been seeing large safety increases through the same time, but, the reduction in highway deaths have not declined correspondingly at the same time.
The passenger vehicle occupant
death rate in crashes with large trucks
decreased 8 percent during 2003-07,
from 144 to 133 per 10 million registered
passenger vehicles, while the
rate in crashes with other passenger
vehicles instead of trucks decreased
28 percent (from 456
per 10 million to 328). During
2003-06 truck occupant deaths
increased from 32 to 35 per
10 billion vehicle miles. Thus,
deaths in truck crashes
haven't declined as much
as would have been expected
in the absence of changing
the federal work-hour rule. [6]
Truck Driver Negligence
If you have been injured in a truck accident and you believe that the truck driver was negligent because of driving tired you will need a skilled and experienced Oregon truck accident attorney to help prove your case. Truck accident cases can be very complicated and require accident reconstruction experts and trucking experts to analyze the specifics of the accident.
Examples of truck driver negligence include:
- Violating the federal law on sleep and rest time
- Driving while intoxicated or while under the influence of a drug or narcotic
- Driving too fast or driving recklessly
- Driving when fatigued or tired
These are all common forms that truck driver negligence may be seen. Of course there may be additional forms of truck driver negligence related to more specific events like driving an improperly balanced load, failure to maintain or inspect the load the truck driver was hauling, driving an over weight load, tailgating, speeding, etc. As well, many of these traits of truck driver negligence may be made worse if the driver is tired.
Resources:
1. Study: Driving Tired Is Like Driving Drunk
Wired Magazine
January 24, 2011
2. Journal of Sleep Research
January 2011
Prolonged nocturnal driving can be as dangerous as severe alcohol-impaired driving
1. JORIS C. VERSTER1,
2. JACQUES TAILLARD2,
3. PATRICIA SAGASPE2,3,
4. BEREND OLIVIER1,
5. PIERRE PHILIP2 Article first published online: 12 JAN 2011
3. American Association of Justice:
FMSCA Must Mandate 10-Hour Limits for Truck Drivers
4. Federal Motor Carrier Safety Administration
Hours-of-Service Regulations
5. New Work Rule For Truckers Isn't Improving Safety;
Survey Shows Truckers Drive More, Tired Driving Still Prevalent
http://www.iihs.org/news/2005/iihs_news_031005.pdf
6. Insurance Institute of Highway Safety Status Report
Volume 44 Volume 1 February 14, 2009
SAFETY CONSEQUENCES
OF DRIVING LONGER
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