Truck Accident Attorney - Truck Driver Fatigue
Serving Dallas, Texas and Surrounding Areas
T
he laws regulating how long truck drivers can drive before taking a break have changed periodically. In 2003, the number of driving hours was reduced, only to be increased again in 2004. Driver fatigue is a known cause of truck accidents. However, the responsibility of avoiding fatigue ultimately lies with the trucking companies and the drivers themselves.
Laws About Truck Driver Fatigue
A presentation from the NTSB (National Transportation Safety Board) at the 2009 Safety Summit listed driver fatigue first as a contributing factor in truck accidents. In the U.S. there is no law requiring use of on-board electronic recorders to track consecutive driving hours. However, many trucking companies do keep in touch with their drivers via a computer and with the truck’s location via a GPS system
The Federal Motor Carrier Safety Administration (FMCSA) provides a guide on their website to help drivers find rest areas and avoid truck accidents caused by fatigue. By the end of 2010, the FMCSA plans to implement a new set of regulations determined by CSA 2010 (Comprehensive Safety Analysis). It will rate companies and drivers in seven areas, one of which is driver fatigue.
It is well-known that truck drivers often work more than 40 hours per week. According to federal law, they are allowed to drive 70 hours within a 7-day period, or 80 hours in an 8-day period before taking a break. Federal law requires that a driver not exceed 11 hours of driving before he or she has a required 10-hour rest period (this has increased from the previous required 8-hour rest period). But truck drivers have commented on being “forced” by their company to continue driving to deliver a shipment, even if it means extending their 11-hour shift.
Trucker Fatigue and Accident Liability
Determining whether the driver or the company is ultimately responsible for an accident caused by truck driver fatigue can be difficult without the legal knowledge of an experienced truck accident attorney. Texas has its own laws governing truck driver hours and trucking companies and drivers operating in Texas are required to know them as well as the federal laws.
If you are involved in an accident caused by a truck driver who was suffering from fatigue, Texas law protects your rights, just as it would in any other auto accident. The truck driver or trucking company may be held liable for your injuries and property damage.
If you have been in a truck accident caused by the truck driver’s fatigue and would like to find out more about your rights, please contact Polewski & Associates today for a free consultation. Our personal injury law firm serves Dallas, Texas and the surrounding areas.
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If you or a loved one have been seriously injured in an accident, contact Polewski & Associates today.
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