Truck Safety: How the Shortage of Drivers and Lack of Sleep Can Cause Danger on the Road

Trucking is a growing industry and is the dominant method to move freight in the United States.  Trains, planes and automobiles all pale in comparison. In 2012 trucks moved 9.4 billion tons of freight, which is 68.5 percent of all domestic deliveries.

The following are some positive factors that will help keep this industry “trucking” along:

  1. Our domestic economy continues with low inflation
  2. Rapidly recovering housing market
  3. The steady rise in stocks
  4. Modest gas prices compared to other countries

These factors have allowed the trucking industry to grow 10.3 percent over the past few years.  In April of 2013 alone, trucking grew by more than 1 percent.

However, the industry has one universal concern… not enough drivers!  This is where the industry falls short. Drivers are in such high demand that jobs are offered before new drivers complete their certification.  It also means that the lowest qualified drivers are still needed, so poor driving habits and drivers who do not follow the rules are not being weeded out of the industry.  Instead, they are being given jobs.

Truck drivers have an immense responsibility.  The vehicles they drive are different than passenger cars.  Most of us drive regular 3,000-pound cars while some of us drive big trucks that weigh about 5,000 pounds and others even drive super-sized SUVs that weigh a whopping 8,000 pounds.  Truck drivers motor down our roadways in absurdly large vehicles.  The typical truck weighs more than 80,000 pounds and has 18 wheels. The size of these vehicles causes them to behave differently on the road than a “regular” car. They do not break as easily.  They do not corner well.  They are more dangerous in high wind conditions. They are a rolling vision of death when they go out of control and slide across the highway, jackknifing in bad weather!

Because of the unique nature and size of trucks, every truck driver must accept a greatly enhanced level of responsibility.  Truck drivers must have the training, endurance and mental capability to dedicate 100 percent of their attention to the road at all times. They must also follow the federal mandated trucking rules, all in order to avoid devastating accidents.

Why lack of sleep takes a heavy toll on truck drivers

Sleep, or lack thereof, takes a heavy toll on truckers.  It also puts them behind on deliveries.  Truckers spend long hours on the road and many of those hours are in a state of sleep deprivation.  The average adult needs more than seven hours of sleep per night.  The average trucker takes the minimal sleep break of five hours per 24 hour period.  That has led to an epidemic of truck drivers who fall asleep on the roads while driving.  An estimated 1 in 4 truckers admit to dozing off, even momentarily, while driving their truck on a monthly basis. The Federal Motor Carrier Safety Administration (FMCSA) now requires truck drivers to keep a sleep log and notate that they are getting a minimal amount of sleep.  But that regulated amount may not be enough, and even if it is, logging it in the book does not make it happen.

The evidence is overwhelming.  Sleep loss is the main contributing cause for deadly accidents.  This is not only true for truckers but for all drivers. Experts have proven how lack of adequate sleep can impact driving performance and reaction time, similar to alcohol.  A truck driver who “pulls the all-nighter” is now driving in a state equivalent to having a blood-alcohol level of 0.10 percent.

Truck driver error is the main cause of trucking accidents, accounting for 87.2 percent of all trucking accidents.  Due to the sheer weight and size of these vehicles, trucking accidents cause major injuries to the driver and passengers in the cars that are involved. These injuries are often life-threatening and can result in a lifetime of pain and disability.

If you believe truck driver fatigue is the reason for your trucking accident, it is important to act quickly.  Valuable evidence can be lost or destroyed quickly, and your attorney will need to prove your case using that evidence.  Remember to obtain trucking logs, black box data and any other evidence that is needed to prove your injury case.  Experience does count in trucking cases. If you or a loved one has been involved in an accident involving any large truck, farm equipment or other commercial vehicles, please call a trusted attorney ready to help day and night to ensure you receive the compensation you deserve.


Update 6/10This past weekend A-list actor, Tracy Morgan, was involved in a tractor-trailer truck accident.  The driver of the truck, Kevin Roper, had been awake for more than 24 hours before driving into the back of the vehicle that held Tracy Morgan and several others. Roper turned himself in to the police the next day and was released on $50,000 bail. He is being charged for vehicular homicide and assault by auto.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.