Garcia Law Firm
  • Garcia Law Firm
  • Garcia Law Firm
  • Garcia Law Firm

Driver Negligence – Driver Fatigue

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Most truck drivers earn their living by the number of trips they make and the miles they drive; making it a monetary incentive to keep driving on the road. There are strict rules and regulations that govern the length a time that a truck driver can be on the road in a given period within a given day. Unfortunately, many drivers ignore these rules. The lure of money keeps many truck drivers on the road even though they may be suffering from fatigue.

Driver error, especially fatigue can be a major factor in a truck accident. If you or a loved one were injured in a trucking accident and you suspect the driver was overly fatigued from being on the road too many hours, the attorneys at The Garcia Law Firm will protect your rights; we are on your side.

Truck driver fatigue can result in failure to stay in your lane or running off the road. Being tired impairs your ability to drive safely. A truck driver’s fatigue is caused by not enough sleep on a daily basis. A truck driver’s schedule can cause continuous sleep deprivation, which in turn, can increase the risk of accidents that involve serious injuries and death. The U. S. National Transportation Safety Board states that driver fatigue is a factor in 20-40% of truck accidents.

The average truck driver drives at least 125,000 miles a year. Trucking revenues are approximately $600 billion in a year and are forecasted to double by 2015. Truckers drive long hours to increase their income. However, drivers also stay on the road to get home after being gone a long time, to avoid traffic during the rush hour or to make up for bad weather. Sometimes, a bonus is offered for extra stops.

In 2004, the Federal Motor Carrier Safety Administration instituted new hours of service regulations for interstate drivers of commercial vehicles (Title 49, Code of Federal Regulations [49 CFR] Part 395). The law allows interstate truck drivers to drive only 11 hours in a work period. They are prohibited from driving after 14 hours from when they first stated their day. Finally, they must be off duty for 10 consecutive hours to re-qualify for a new work period.

The Federal Motor Carrier Safety Administration requires drivers to maintain trip logs that comply with current Hours of Service regulations and expense reports. Unfortunately, to get avoid getting caught, some truckers have resorted to fraud, “cooking the books” to show a false compliance to the driving time rules. It takes a highly skilled trucking accident attorney to uncover this type of fraud and expose the negligence.

An ever-increasing number of commercial trucks on the roads have made driver fatigue a public safety issue.

The Garcia Law Firm strives to achieve a high standard of excellence for our clients. Drivers make their money by being on the road, sometimes for too many hours. Too many truckers are suffering from fatigue but remain on the road to ensure their delivery is complete. This is unsafe for themselves and all other drivers. For a free confidential consultation, please call our offices at (800) 281-8515.

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