Tennessee Truck Driver Fatigue
Hours of Service -- Did Driver Fatigue Play a Role in Your Truck Accident?
Three percent of all vehicles on the road are trucks and tractor trailers, yet these types of vehicles are involved in 13 percent of all traffic accidents. While various factors contribute to this over-representation, one of the most common causes of accidents involving trucks -- also known as semis, tractor trailers or 18-wheelers -- is driver fatigue. Driver fatigue is a direct cause in 15 percent of all fatal truck crash deaths and serious injuries, federal studies show.
The lawyers at Terry, Terry and Stapleton are aware of the dangers of driver fatigue and can obtain records that could show a driver was on the road long after he or she was legally required to take a break. While governmental regulations on this issue have been changing rapidly, there's one standard all drivers should follow: if they're too tired to drive, they shouldn't be driving.
The Morristown, TN lawyers at Terry, Terry and Stapleton have provided legal assistance to victims of motor vehicle accidents, including truck or tractor trailer accidents, for more than four decades. We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. Call us today at 1-800-518-3779 or contact us online for help with your legal case.
The government regulates how many consecutive hours a truck driver can operate a vehicle, how long his breaks must be, and how many total hours he can drive in a week. These regulations are called Hours of Service. In recent years, there has been a considerable push by the trucking industry to extend these hours and make it possible for drivers to drive longer and more continuously.
Established in the 1930s, the standard hours of service allowed a driver to operate a truck or bus no longer than 10 consecutive hours before taking a break of at least 8 hours. The total driving time could equal no more than 60 hours of driving in seven days or 70 hours of driving in eight days.
Beginning in 2003, the Federal Motor Carrier Safety Administration (FMCSA) issued new regulations that allowed a driver to drive for 11 hours straight and to "reset" their weekly hours after a break of 36 hours of rest. Twice, these rulings were overturned by the courts, based on research that the risk of a crash doubles from the 10th to 11th hour of driving. However, the previous administration instituted the new hours as "midnight regulations" that took effect on January 19, 2009 and are still in effect today.
Since 2003, there have been more than 60,000 accidents in Tennessee involving large trucks and tractor trailers. (http://www.state.tn.us/safety/stats/CrashData/default.html) Driver actions played a role in nearly two-thirds of these. While there are no comprehensive statistics specifically about driver fatigue, some direct causes – like failing to keep in the proper lane or running off the road, which were a factor in 5,500 accidents, or following improperly, which occurred in more than 4,600 accidents -- point to fatigue as a possibly playing a role. If your accident was caused by a negligent driver driving while fatigued, Terry, Terry and Stapleton can get the records you need to prove it.
At Terry, Terry & Stapleton, we have worked hard to develop a reputation for success. If you have been injured in a trucking accident, including tractor trailer collisions on nearby Interstate highways I-81, I-40, I-26 or I-75, we will perform a thorough investigation of your case, including examining both the direct and indirect causes of your accident. Our extensive experience in truck accident cases means we know how to prove driver negligence. With our team of truck accident attorneys on your side, you can rest assured that you are represented by talented, dedicated professionals. Don’t delay. Contact our Tennessee truck accident lawyers today. Call Terry, Terry & Stapleton at 1-800-518-3779 or use our online contact form to arrange a free consultation.
