Driver fatigue is a significant and persistent hazard in the trucking industry, regarded as a major contributor to serious trucking accidents across the United States. According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue is a factor in roughly 13 percent of commercial motor vehicle (CMV) crashes. The FMCSA estimates that 4,000 large truck crashes each year are directly linked to drowsy or fatigued driving. Given that truck drivers spend long hours on the road and are frequently subjected to demanding delivery schedules, the potential for fatigue is ever-present. 

The effects of driver fatigue are similar to those of alcohol impairment. Drivers’ reaction time slows, their attention span shortens and their ability to make sound decisions diminishes. Studies have shown that being awake for 18 hours can produce impairment equivalent to a blood alcohol concentration (BAC) of 0.05 percent, and after 24 hours, the impairment is similar to a BAC of 0.10 percent, which is well above the legal limit for commercial drivers. Fatigued drivers also may experience microsleeps — seconds-long episodes of inattention — that can last long enough for the driver to miss crucial traffic signals, fail to react to changes in the flow of traffic or fail to avoid obstacles.

To address the dangers posed by fatigued truck driving, the FMCSA has instituted strict Hours of Service (HOS) regulations. These rules impose clear limitations on how long drivers can operate their vehicles before taking required rest breaks, as follows:

1. 11-hour limit — Drivers are permitted to operate for a maximum of 11 hours after 10 consecutive hours off duty.

2. 14-hour limit — The 11 driving hours must be completed within a 14-hour window, which begins as soon as the driver starts any kind of work (driving or not).

3. 30-minute rest break — Drivers are required to take a 30-minute break after eight cumulative hours of driving, which can be satisfied by any non-driving period of at least 30 minutes.

4. 60/70-hour limit — Drivers may not drive after 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days. The clock can restart after 34 consecutive hours off duty.

5. Sleeper berth provision — Drivers can split their off-duty time into two periods in the sleeper berth, provided one is at least two hours long and the other is at least seven hours.

These regulations are enforced through mandatory logbooks and, increasingly, by electronic logging devices (ELDs) that record drivers’ hours automatically. Violations of these rules can lead to serious penalties, including fines for drivers and carriers, as well as being placed out of service.

Trucking companies are legally obligated to comply with FMCSA regulations. If an accident is caused wholly or in part by a truck driver operating in violation of HOS rules, the trucking company can be held liable for damages. This liability may arise if the company encouraged drivers to exceed legal limits, failed to enforce compliance, neglected to monitor logs or otherwise prioritized rapid deliveries over safety. A skilled auto accident attorney can pursue claims against both the driver and the company.

If you have been hurt in a collision with a truck in Indiana, the law firm of Rubino Ruman, Crosmer & Polen in Dyer will work to get you compensated. Set up a free consultation by calling 219-227-4631 or contacting us online.