Driver fatigue remains a persistent and dangerous problem in the trucking industry. Despite strict federal regulations designed to prevent it, fatigued driving continues to contribute to a substantial number of trucking accidents. When these occur, not only the drivers but also the trucking companies that employ them can be held liable to pay damages to injured victims.

Fatigue impairs a person’s ability to operate a motor vehicle in ways that are strikingly similar to the effects of alcohol intoxication. When drivers are exhausted, their reaction times slow, attention wavers and judgment becomes poor. They may even experience microsleeps: brief moments of involuntary sleep that can be deadly behind the wheel of a large truck. According to the National Sleep Foundation, being awake for 18 consecutive hours produces impairment equivalent to having a blood alcohol concentration (BAC) of 0.05 percent. After 24 hours, the impairment is roughly equal to a BAC of 0.10 percent, which is well over the legal limit for drivers. 

To combat truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has established hours of service (HOS) rules, which set limits on how long drivers can be on duty and when they must take breaks. The HOS requirements include:

• 11-hour limit — Drivers may drive no more than 11 hours after 10 consecutive hours off duty.

• 14-hour limit — Drivers cannot drive beyond the 14th consecutive hour after coming on duty. Off-duty time does not extend this 14-hour period.

• 30-minute rest break — Drivers must take a 30-minute break after 8 cumulative hours of driving without at least a 30-minute interruption.

• 60/70-hour limit — Drivers must rest after 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days. The count restarts after 34 or more consecutive hours off duty.

The rules also allow for short-haul exceptions and provide guidance for adverse driving conditions.

Trucking companies have a legal obligation to ensure their drivers comply with HOS regulations. This involves keeping accurate records, now most commonly through electronic logging devices (ELDs). They also need to provide proper training, keep monitoring schedules and allow drivers the rest time required by law. Companies are prohibited from coercing drivers to violate HOS rules. If companies ignore these requirements or pressure drivers to break the rules, they may be found in violation and face penalties.

Under the legal doctrine of respondeat superior, companies are held responsible for their employees actions performed within the scope of employment. In addition, if it is determined that a company encouraged, required or even simply allowed HOS violations or failed to monitor compliance, they can be held directly liable for any damages resulting from fatigue-related accidents. A skilled trucking accident attorney can make sure that full damages are sought from all responsible parties.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents victims injured in Connecticut trucking accidents. To discuss your case, please call 203-745-0942 or contact us online.