Due to the constant pressure of deadlines and tight delivery windows, truck drivers frequently push themselves to deliver their load even when it means going without sleep. This is dangerous, given that fatigued driving greatly increases the risk of a collision with other motorists.
Fatigued truck drivers in San Diego accidents can be responsible for extensive losses. These incidents often result in serious physical, emotional, and financial consequences. At CaseyGerry, we understand what it takes to manage complex truck accident litigation from start to finish.
There are numerous risks that come with operating a commercial vehicle while fatigued. Fatigue can impair a driver’s ability in ways similar to alcohol intoxication, affecting reaction time, judgment, and focus. According to the Occupational Health Safety Administration (OSHA), driving after being awake for 24 consecutive hours has the equivalent impairment of a blood alcohol concentration of .10. This is above the legal limit to drive in all 50 states.
First, a driver’s reaction times are reduced by a lack of sleep. This increases the risk of a crash that might have been avoided if the driver had enough rest. For example, drivers might not be able to respond in time when traffic in front of them suddenly comes to a halt.
There is also the risk of decreased alertness. When truck drivers are tired, they may fail to notice the signs of a road hazard until it is too late to avoid it. Truck drivers in San Diego can also be at fault for an accident when their fatigue leads to bad decision-making. This may involve taking unnecessary risks, such as unsafe lane changes.
The primary tool used by the federal government to reduce the risk of San Diego accidents caused by fatigued truck drivers is known as hours of service regulations. These rules apply strict limits on the amount of time a person can operate a commercial vehicle without stopping to take a break.
There are three specific limits within these regulations. First, truckers cannot be on duty for more than 14 hours without taking a 10-hour break. This rule ensures that a driver has the opportunity for a full night’s rest between long days of travel.
The second requirement is the 11-hour driving limit, which works hand-in-hand with the previous rule. During a 14-hour day, truckers must stop for at least 30 minutes after their 11th consecutive hour.
Finally, there are also rules in place that prevent drivers from overexerting themselves across multiple days. The 60/70 hour rule limits how much time a truck operator can spend behind the wheel over the course of a seven- or eight-day period.
At CaseyGerry, we have extensive experience with complex truck accident litigation. Our team is capable of investigating Hours of Service violations, highlighting the truck driver’s noncompliance with federal law as part of proving negligence.
Any time a truck driver remains on the road while fatigued, they put other motorists at risk of a devastating accident. It is possible to hold these operators accountable through a civil suit, especially if they disregarded the federal hours of service regulations. However, the trucker might not be the only potential defendant in a case like this.
Trucking companies also have an obligation to ensure that the drivers they employ are safe. This means performing background checks and providing necessary training on hours of service rules. When an employer fails to take reasonable steps to protect the public from dangerous drivers, they could also be liable for fatigue-related truck crashes in San Diego.
In the past, our firm has uncovered a variety of violations and negligent policies that have resulted in both fatigued truck drivers and their employers being held legally responsible for a crash. For example, these companies can be held accountable when pushing drivers to ignore rest rules or enforcing unrealistic delivery timelines results in a fatigued driver accident.
Truck drivers should take the steps necessary to ensure they are fit to drive long hours safely. Unfortunately, not all truckers take this obligation seriously. If you’ve been injured by fatigued truck drivers in San Diego accidents, our team can help you understand your rights and explore your legal options. At CaseyGerry, we have decades of experience handling complex trucking cases and are prepared to guide you through every step of the legal process. Contact us today to schedule a confidential consultation.
