How Often Does Driver Fatigue Contribute to a Crash? How Do You Establish Driver Fatigue?
Driver fatigue has long been one of the primary causes of truck accidents, as truckers and trucking companies seek to maximize profits by spending long hours on the road. Though there are state and federal regulations that govern the amount of time a long-distance truck driver can be on the road, these rules are often either ignored or flouted, with occasionally devastating consequences. If you have been hurt in a motor vehicle accident involving a semi, tractor-trailer, 18-wheeler or big rig, chances are good that the driver was on the road without adequate rest.
FMCSA Reports Driver Fatigue as Major Cause of Truck Accidents
The Federal Motor Carrier Safety Administration, which monitors trucking on American roadways, reports that driver fatigue is a factor in about one of every seven trucking accidents (just over 13 percent).
Establishing Driver Fatigue as a Cause of Your Losses in a Trucking Accident
Under federal regulations, as monitored and governed by the FMCSA, truckers have the following limits on time behind the wheel:
- A maximum of 11 hours on the road after a minimum of 10 consecutive hours off-duty
- A 30 minute rest break is mandatory after 8 cumulative hours of driving
- Drivers may not exceed 60 hours in any 7 consecutive day period or 70 hours in any 8 consecutive day period
- A minimum of 34 consecutive hours off-duty will restart any 7 or 8 day cycle
Under Texas law, which governs any truck travel solely within the state of Texas, the following rules apply:
- No more than 12 consecutive hours on the road after an 8-hour consecutive period off-duty
- No more than 70 hours over seven consecutive days
- The same 34 hour restart as set forth in the federal regulations
Under both state and federal regulations, most truckers and trucking companies are required to use an electronic logging device (ELD), also known as a “black box,” to record time on the road. These devices can be brought in as evidence in a personal injury case to establish excessive time on the road and the potential for driver fatigue as a cause of the accident.
Let Attorney Michael R. De La Paz Protect Your Rights When You Have Been Hurt in a Texas Truck Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide. We have a comprehensive understanding of the types of injuries commonly suffered in any type of motor vehicle accident, and know how to effectively present your case to a judge and jury, if necessary. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
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