Commercial trucking accidents are far more common than many people realize. The Federal Motor Carrier Safety Administration (FMCSA), which oversees the commercial trucking industry, reported there were 4,444 fatal crashes involving large trucks in 2020, the most recent year for which the agency has complete data. Four of those fatal accidents occurred in Vermont.
But even a non-fatal truck accident can leave victims with serious injuries that permanently impair their quality of life. And to add insult to those injuries, most commercial truck accidents are the result of driver error. Truck drivers are just people, after all, and they are prone to the same types of reckless and negligent behavior as any other driver.
Limiting How Long Truckers Can Stay on the Road Without Rest
For example, one of the most commonly cited factors in truck accidents is driver fatigue. We can all sympathize with feeling a bit too tired to drive, especially at the end of a long day. But when you are responsible for hauling an 80,000-pound tractor trailer down I-91, feeling “a little tired” can potentially lead to disaster. So it is crucial that truck drivers take sufficient rest and break periods and avoid remaining on the road for too many hours at a time.
For this reason, the FMCSA maintains strict “hours of service” (HOS) regulations to ensure that is the case. Here is a basic rundown of how the HOS rules work:
- A commercial truck driver has a 14-hour “driving window,” during which they can drive up to 11 hours.
- A driver must have at least 10 consecutive hours off in between driving windows.
- If the driver works for a company that operates commercial trucks 7 days a week, that driver cannot be on duty for more than 70 hours over 8 consecutive days. If the company does not operate every day, the maximum is 60 hours over 7 consecutive days.
- Most commercial trucks must also be equipped with an approved electronic logging device (ELD) that automatically records the driver’s off-duty and on-duty time.
Failure to comply with HOS regulations often comes up in lawsuits arising from truck accidents. Many drivers feel they can “push through” fatigue, especially if they feel under pressure to maintain a strict delivery schedule. But ignoring federal regulations is reckless and dangerous, especially when those rules are in place expressly to promote the safety of the drivers and everyone else on the road.
FMCSA Denies Iowa Driver’s Demand for 5-Year HOS Exemption
Nevertheless, there have been calls on the FMCSA to water down the HOS rules or at least exempt certain drivers. Indeed, in recent months the FMCSA has formally rejected two such requests. The most recent rejection came on January 19, 2023, when FMCSA Administrator Robin Hutcheson turned down a request from Ronnie Brown III, an Iowa-based truck driver who last August applied for a 5-year exemption from the HOS rules.
In his application, Brown claimed that the current HOS rules created “safety concerns” because the approved driving windows “do not always coincide with his natural sleep patterns.” Brown insisted that he could “safely drive” a commercial truck regardless of the amount of time he spent sleeping or driving on the road. He also pointed to his “excellent driving record” and the fact he had never been “involved in a preventable crash.”
Brown’s application drew quite a bit of interest from other truck drivers. The FMCSA said it received 1,223 public comments on Brown’s request, mostly from his fellow truckers. About 47 percent of the comments supported an exemption for Brown; the rest were either opposed or took no position. A number of public interest groups–including the AFL-CIO–also filed comments strongly opposing an exemption.
Ultimately, the FMCSA’s Hutcheson said that Brown “failed to establish that he would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption.” Hutcheson noted that research established that “long work hours reduce sleep and harm driver health and that crash risk increases with work hours.” And if the agency made an exception for Brown, it would risk opening the floodgates for other drivers who would insist the rules need not apply to them as well.
Speak with a Rutland, Vermont, Truck Accident Lawyer Today
The reality is that relying on truck drivers to know when they are too tired to drive has been proven–again and again–to be a leading factor in preventable accidents. Even with the FMCSA regulations in place, far too many drivers and trucking companies continue to operate in a reckless and irresponsible manner. And innocent people end up paying the price.
If you, or someone that you love, has been injured in a crash caused by a tractor trailer and you need to speak with aVermont truck accident attorney, contact Larson & Gallivan Law today at 802-327-8458 to schedule a free initial consultation.
