Austin Truck Driver Fatigue

There are many factors that contribute to truck driver fatigue. The difficult working conditions and poor management practices common to the industry can seriously affect drivers’ ability to perform their jobs. Here are just a few factors to consider.

• Long hours. Although there are laws stipulating rest periods for commercial drivers, these regulations do not typically go far enough to stop truck driver fatigue. Truckers often work long hours with little rest in between. For instance, The Federal Motor Carrier Safety Administration allows truckers to drive for 11 hours at a time with only a half-hour rest period — but they can work for up to 14 hours in a shift, performing maintenance, loading and unloading, and other work done off the road. Additionally, these regulations only require a 10-hour rest period between shifts, which means drivers may be asked to work hours or even days with very little time for recovery or rest.
• Employer pressure. Commercial carriers that hire drivers often pressure their employees to work long, punishing shifts by assigning serious penalties and fines to drivers who must miss a shift or are late unloading freight. It is not uncommon for drivers to be fined several hundred dollars for a late delivery. Drivers are also typically paid by the mile, not by the hour — another factor that encourages them to drive for long hours at a time. Truckers also frequently complain that they feel pressured by employers to work the maximum allowable hours, so it’s very possible that they are driving when they are not adequately rested.
• Falsified rest period records. Professional drivers are required to keep logbooks documenting the amount of time they spend on the road and at rest. In some cases, however, drivers may misrepresent the time they spent off duty as a way to make up hours lost to traffic, unloading delays, and other issues. When this occurs, drivers may be held accountable for the losses they cause in an accident.
• Employer negligence. Pressuring drivers is bad enough; however, there have been many cases where motor carriers have outright coerced drivers into falsifying reported rest periods. Employers may explicitly train drivers to ignore these rules. If there is evidence that this is the case, these motor carriers can be held responsible for their negligence.
• Alcohol and drug use. Many drivers abuse substances while on the road. Cocaine, methamphetamines, and other stimulants are commonly used by drivers to stay alert while driving. Others turn to depressants like alcohol and marijuana to ease the stress of their working conditions. The use of these substances behind the wheel severely impairs a trucker’s ability to drive safely. Not only can they slow reaction time and negatively impact a driver’s decision-making ability, they may also cause sleepiness and contribute to overall sleep deprivation and fatigue.

If you have been hit by a commercial driver, driver fatigue may be partially to blame. Properly investigating what caused your accident, and whether or not drivers and motor carriers fulfilled their obligations, often takes extensive legwork and legal expertise.

A commercial vehicle accident lawyer can help you document statements from drivers and witnesses to determine whether or not drowsy driving was a factor in your accident. Accident lawyers can also help you understand the circumstances surrounding your accident, by looking into driver logbooks, driving records, and employer records and practices that may be pertinent to your case. An experienced commercial lawyer understands federal motor carrier regulations and can pinpoint whether or not drivers failed to adhere to these rules.

If a driver appears to have been under the influence of drugs or alcohol and fell asleep behind the wheel, police will typically initiate their own investigation and begin criminal proceedings if they find enough evidence to warrant it. This can impact your case as well, since some evidence may not be accessible until after the criminal case is resolved. An accident lawyer can help here, too, guiding you through the criminal and civil proceedings and helping you stay informed of the status of your case.

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