Jurisprudence

Boston trucking Accident Risks – Recorders Aim to Park Tired big rig drivers

Sleepy big rig drivers caused around twelve % of the 129120 total big rig accidents that happened in 2012. When a trucker is fatigued, he may fall asleep behind the wheel or may simply suffer from delayed reaction time.

Truckers May Cheat at Compliance

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The Federal Motor Carrier Safety Administration (FMCSA) updated hours-of-service rules, with new limits going into effect in July of 2013. The new rules made many changes criticized by professional big rig organizations. For example, the rules require a 34-hour rest break including two periods between the hours of 1:00 and 5:00 a.m. The rest break is mandated after 60 hours of driving per week or after 70 hours of driving over an eight-day period. The Federal Motor Carrier Safety Administration (FMCSA) also limited drivers to 11 hours of driving and 14-total hours of on-duty time, and said long haul big rig drivers have to take a half hour break after eight hours of drive time. Some argued this would impede productivity and force drivers to be on the roads at peak times.

Regulators Criticize truck Safety and Accountability Plan

A tanker truck recently overturned and exploded in a huge fireball in Fall River recently, with state police reporting the vehicle carried some 11,000 gallons of gasoline as it rolled over near the exit ramp at Presidents Avenue.

Our accident attorneys in Boston know that often when large trucks are involved in collisions, the outcome tends to be far worse. Approximately 125,000 crashes in 2012 involved large big rigs, according to transportation officials. This is why the Federal Motor Carrier Safety Administration (FMCSA) in 2010 launched its Compliance Safety and Accountability Enforcement program. However, now two regulators – the Government Accountability Office and the U.S. Department of Transportation – have come forward to criticize the plan and its implementation.

How effective are The Federal Motor Carrier Safety Administration big rig safety programs?

The program’s core mission is to enhance enforcement of truck safety for those carriers who have already been identified as having been at high-risk. Firms labeled high risk would be subject to such measures as random on-site reviews and roadside inspections.

However, a big part of the problem is that of the nation’s approximately 525,000 active carriers, the FMCSA only had enough data to access the safety performance of about 200,000 – less than half of those. Congress has expressed concern that this isn’t good enough.

This was the basis for the investigation by the GAO’s office, which released its findings in February. The agency said that while the CSA has been successful in several respects, there were some clear areas that required improvement.

Preventing Boston Sleepy Driving Collisions

Driving while fatigued has become a major problem on U.S. roads. The National Sleep Foundation reveals that the annual costs of sleepy driving crashes totals about $12.5 billion. There are 1,500 people dying annually in the U.S. due to collisions involving tired driving, and there are another 71,000 people getting hurt.

Drivers generally know that drowsy driving is dangerous, and yet many people choose to get behind the wheel despite being tired. If you or a loved one becomes involved in a collision with a motorist you suspect was driving drowsy, you should consult with a personal injury lawyer for help pursuing a damage claim.

The Risks of Sleepy Driving

Driving while drowsy is something that people know is dangerous. In fact, according to Cheat Sheet, 60 percent of respondents to a recent survey said that they think sleepy driving should be illegal. The majority of states have not expressly criminalized this behavior. However, Cheat Sheet reports that New Jersey has made clear that drowsy drivers can be charged with reckless driving and Arkansas has made clear that drowsy drivers can be charged with negligent homicide if they are fatigued and cause a deadly crash.

Drivers should still make the responsible choice even if the law does not expressly prohibit drowsy driving. Unfortunately, they are not doing so. CarInsurance.com recently surveyed 2,000 motorists and found that around half admitted that they had driven despite concerns about safety. Of the motorists who said they’d gotten behind the wheel at a time when they shouldn’t, a full 68 percent said that the problem that they drove despite being concerned about fatigue.

This should come as no surprise since the National Sleep Foundation found that 60 percent of drivers admitted to driving sleepy in the prior year and 1/3 of motorists said they had actually fallen asleep behind the wheel.

This is a problem. Psych Central reports that most adults require at least seven to eight hours of sleep per night. A person who does not get enough sleep will begin to build up a “sleep debt” and “eventually your body will demand that the debt be repaid.”

A person who doesn’t get enough sleep, especially on a regular basis, suffers health effects that impact his ability to drive. A tired driver may have delayed reaction times, impaired cognitive function, and impaired judgment. In fact, a fatigued driver is handicapped in ways very similar to an intoxicated driver and presents a similar risk on the road.

Drivers need to understand that it is extremely dangerous to drive fatigued and they need to act on this knowledge by avoiding getting behind the wheel drunk and by working to get a sufficient amount of sleep.

If you or a loved one has been involved in a motor vehicle accident in Boston, Springfield, or Holyoke, a car and truck accident lawyer with our Massachusetts firm will fight to help you obtain compensation you deserve. At the Law Offices of Mark E. Salomone, serving Massachusetts, our personal injury attorneys have an impressive record of trial verdicts and settlements.

Related: MassBar – Press Room

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