Truck Driver Fatigue Can Cause Dangerous Accidents in Vancouver, WA
Fatigued and drowsy driving is common in the trucking industry despite federal rules and regulations. When a trucker operates a large and powerful truck while sleep-deprived and exhausted, their decision-making, ability to make good judgments, and reaction times are affected, placing themselves and other drivers and road users at risk of a catastrophic truck accident and devastating injuries.
Why are truck drivers often exhausted or fatigued?
Several factors contribute to truck drivers frequently feeling exhausted or fatigued:
- They work long hours
- Controlling and maneuvering a truck is physically demanding
- They usually do not have regular working hours, which means that they may have irregular sleeping habits or patterns
- Many truckers use sleeping pills or stimulants to help them sleep or stay awake to finish their shifts
- They are often stressed and pressured by their employers to drive regardless of their status, with incentives like raises or bonuses for meeting tight deadlines
What happens if a truck driver operates their vehicle while tired or fatigued?
Like any other worker, truck drivers need sufficient sleep to function and accomplish their tasks safely. Therefore, when a truck driver chooses to drive while tired or fatigued, they may experience various effects that can impact their driving capabilities. Some of the common effects of driving while tired or fatigued include:
Reduced alertness and failure to pay attention
When truck drivers lack sleep, they may be unable to remain alert or pay attention when behind the wheel. As a result, they may miss important traffic signs, lights, signals, and changes in traffic patterns, which can lead to taking wrong turns, making improper lane changes, and crashing into other vehicles.
Poor problem-solving and decision-making
Truck drivers must be able to solve problems and make instant decisions when sharing the roads with smaller vehicles. For example, they may need to determine how much room they need to change lanes, when it is safe to pass another car, and whether or not they can clear the intersection to make a left-hand turn. However, if a trucker is tired or fatigued, it may be challenging to think clearly, make sound decisions, and solve problems, which can increase the risk of dangerous and devastating collisions.
Decreased reaction times
Sleep deprivation can cause a truck driver’s reaction times to become very slow. When this happens, they may be unable to react quickly enough to certain situations on the roadway. For instance, if a car in front of them suddenly slams on brakes, they may have a delayed response, which can result in a rear-end accident, swerving, running off the road, or even a rollover accident.
Falling asleep behind the wheel
Truck drivers are required to drive for long hours on open roads. Therefore, if a truck driver is already tired or fatigued, they will generally become more tired when spending time alone in a truck. As a result, they may begin to doze off or fall asleep behind the wheel, which can lead to a disastrous or deadly accident within seconds.
What is the Hours of Service rule?
The Federal Motor Carrier Safety Administration (FMCSA) implemented the Hours of Service rule to combat fatigued driving. Key guidelines include:
- Drivers can drive up to 11 hours after ten consecutive off-duty hours.
- They cannot drive more than 14 hours after returning to duty following the ten hours of consecutive off-duty time.
- After driving eight cumulative hours, they must take a 30-minute break with no driving during this period.
- They cannot drive after working a 60-hour shift in seven consecutive days or a 70-hour shift in eight consecutive days.
Evidence that can prove a truck driver was driving while fatigued
If you are involved in an accident with a fatigued truck driver, you and your attorney will likely need to find a way to prove that the truck driver was driving while tired or fatigued and that behavior caused your accident. However, it is important to know that this can be extremely difficult as there is no test that determines whether a person is sleepy or not. Therefore, you and your Vancouver, WA, truck accident attorney must gather convincing evidence that shows that the trucker may have lacked sleep or was sleep-deprived at the time of the crash. Here are a few examples of the type of evidence that can be used to show this:
Logbooks
Most semi-trucks have an electronic logging device that keeps track of driving times, break times, speeds, and any other beneficial information. If there is no electronic logging device in a truck, most trucking companies will require their drivers to keep a paper logbook that provides details about the hours of their shifts, the miles they drove, when they took breaks and more. Your attorney may retrieve these records to show whether a truck driver failed to follow the hours-of-service rule or did not take adequate breaks to rest.
Police reports
When a police officer responds to your truck accident, they will create a police report that explains what happened during the crash. If there were obvious signs of fatigue or drowsiness, the police may mention them in the report. For instance, they may write that the truck driver continued to yawn, claimed that they were tired, or had red eyes. You and your lawyer can obtain this report to support your side of the story and prove that the trucker was tired or drowsy when the accident occurred.
Eyewitness statements
Eyewitnesses are individuals who saw your accident happen or even spoke with the truck driver before the accident. For example, if the trucker stopped at a gas station before your accident and mentioned that they did not get enough sleep the night before, you may be able to use the gas station attendant as an eyewitness to prove that the truck driver was lacking sleep.
Receipts
Your attorney may obtain receipts from tolls, gas stations, restaurants, and hotels the truck driver may have visited. These receipts can show the distance and hours that the trucker drove, whether they took breaks, and whether the driver violated the hours-of-service rule.
Surveillance footage
Many places across Vancouver, WA, have surveillance cameras in place. Therefore, if you know that the truck driver was in a certain area at a certain time, you may be able to use surveillance footage to show the truck swerving or running off the road, which may indicate that they were dozing off or falling asleep before your collision occurred.
Company records
Records are important because you can see the culture of the company where the driver works. Sometimes, employers and employees will even slip up and mention that the company gives incentives or prizes to drivers who push themselves to deliver loads, which can be used to show that the driver was being overworked or pressured to behave carelessly or recklessly during their shifts.
Have you recently been injured by a fatigued truck driver? If so, the Vancouver, WA, truck accident lawyers at Philbrook Law can help you pursue a claim and potentially obtain the compensation you need to cover your losses and rebuild your life again after the accident. We will use our experience, skills, and resources to guide and support you through the legal process, as well as stand up and advocate for your rights. Please call our office or submit our contact form to make an appointment at one of our offices today.
Founding Attorney Matthew Philbrook attended Clark College, Washington State University, and Gonzaga University School of Law. He is a member of the Washington State and Oregon State Bar Associations and started Philbrook Law in 2005. He specializes in Personal Injury, DUI and Criminal Defense cases. Learn more about Mr. Philbrook.