![\"\"](\"http:\/\/www.michiganautolaw.com\/auto-lawyers-blog\/wp-content\/uploads\/2010\/02\/truck-driver-fatigue.jpg\" "\\"truck-driver-fatigue\\"")
<\/a><\/p>\nDriver fatigue is the hot topic right now for truck accident<\/a> attorneys and the trucking industry, and for a very good reason. Truckers are often pushed to drive beyond physical – and legal – limits.\u00a0 Most often, they’re forced to do this by trucking companies aiming to cut corners and save money. For the truckers, breaking these hours of service regs can mean the difference between putting food on the table, or being next in the unemployment line.<\/p>\n But a tired truck driver is as impaired as an intoxicated driver. And truck driver fatigue<\/a> is one of the most common causes of preventable truck accidents, both in Michigan and across the country.<\/p>\n It’s important to stop these trucking companies, and I’m going to tell you how.<\/p>\n Hours of service regulations<\/a> are found at 49 CFR \u00a7\u00a7 395.3 and 395.8, and are some the most important federal regulations for lawyers to remember in any truck crash case. Knowledge of hours of service regulations, coupled with a careful study of a truck driver\u2019s record of duty status (or daily log book<\/a>) and supporting documents, can reveal driver fatigue.<\/p>\n Driver fatigue is typically caused by inadequate sleep, working too many hours or driving while sick.\u00a0 Studies have found truck driver fatigue to be a more potent driving impairment than the influence of drugs or alcohol \u2014 yet a wide number of truck drivers bend the rules to maximize their time behind the wheel. In an effort to combat dangerous sleep deprivation, the Federal Motor Carrier Safety Administration (FMCSA) strictly regulates the amount of time truck drivers spend their workday driving and being classified as \u201con-duty.\u201d Under 49 CFR\u00a0 \u00a7 395.3, drivers are limited to 60 hours of compensated work in a seven-day period or 70 hours in an eight-day period.<\/p>\n Under the current rules, truck drivers can be driving on the road for 11 hours each shift, up to 70 hours per week.<\/p>\n Drivers are limited to a total of 14 hours of work in a single \u201con-duty\u201d period. This type of non-driving activity could include all time:<\/p>\n * Waiting to be dispatched at a terminal,<\/p>\n * Doing a pre-trip inspection<\/a>,<\/p>\n * Loading and unloading,<\/p>\n * Repairing the truck,<\/p>\n * Waiting for the truck to be repaired, or,<\/p>\n * Even\u00a0 during a DOT roadside inspection.<\/p>\n Virtually any work performed in the capacity of a motor carrier should be added to a driver\u2019s 14-hour daily work limit. However, even work performed for another company or organization will count toward a driver\u2019s on-duty period – even if it’s completely unrelated to the trucking industry. Under 49 CFR \u00a7 395.2(9), \u201con- duty\u201d time means performing \u201cany compensated work for a person who is not a motor carrier.\u201d\u00a0 See the official interpretation of this regulation accompanying the rule:<\/p>\n Question:<\/strong> Must non-transportation-related work for a motor carrier be recorded as on-duty time?<\/em><\/p>\n Guidance:<\/strong> Yes. All work for a motor carrier, whether compensated or not, must be recorded as on-duty time. The term \u201cwork\u201d as used in the definition of \u201con-duty time\u201d in \u00a7 395.2 of the FMCSRs is NOT LIMITED to driving or OTHER NON TRANSPORTATION-RELATED EMPLOYMENT.<\/em><\/p>\n Here\u2019s an example to illustrate the point:<\/p>\n John Doe is an assembly technician for a manufacturing plant. He typically puts in 40 to 45 hours a week at the plant and makes a modest living to support his family. Recently, the variable interest rate mortgage on his home increased, forcing John to find another job. He began driving for XYZ trucking company in the fall. Last week, John put in 45 hours at his manufacturing job, and on Friday night, took a weekend load spanning 1,000 miles. John drove 11 hours on Saturday and nine hours on Sunday.<\/p>\n On the surface, it seems John was fully compliant with the hours of service rules, but under the interpretation of \u00a7395.2(9), John was on-duty for 65 hours in a seven-day work week – five hours longer than is allowed under the current federal regulations. Be aware of \u00a7 395.2(9) when deposing your drivers, as they may work several different jobs within a given work week, exposing themselves and the truck company to further liability.<\/p>\n Here\u2019s a well-known secret: Many drivers cheat on their logs<\/strong>. Because most truck companies pay their drivers by the mile, drivers do whatever they can (or fraudulently report whatever they can) to maximize the amount of distance traveled in the shortest amount of time possible. This logically leads to one of two results: The driver will speed beyond posted limits, or the driver will fail to accurately report the amount of time actually worked or driven on his daily log.\u00a0 After all, time is money right?<\/p>\n Click here for an example of a truck driver log<\/a>.<\/p>\n On its face, this log looks like it is compliant with CFR \u00a7\u00a7 395.3 and 395.8. The driver spent less than 11 hours driving for the day, and was on duty, but not driving, for only a half hour. This means the driver spent less than 14 total hours on-duty for the day. But remember, truck accident attorneys are not interested in what the driver said he did that day, we\u2019re interested in what he really did<\/em> that day leading up to the crash with our client.<\/p>\n Buried within this log are dozens of questions that must be fleshed out in discovery<\/a>. Take a closer look at Mr. Doe\u2019s on duty (not driving) reporting: He spent 15 minutes performing a pre-trip inspection in Little Rock, Arkansas at 6 a.m., and loaded for only 15 minutes in Corsicana, Texas. There could be hundreds of small details left off Mr. Doe\u2019s on-duty (not driving) status, that a truck accident attorney can highlight:<\/p>\n *\u00a0 Did Mr. Doe spend any time refueling?<\/p>\n *\u00a0 Did Mr. Doe really only take 15 minutes to perform his inspection?<\/p>\n *\u00a0 Is that time adequate for a thorough inspection?<\/p>\n *\u00a0 Did Mr. Doe spend any time speaking to dispatch?<\/p>\n *\u00a0 How did he communicate with dispatch?<\/p>\n *\u00a0 Did Mr. Doe spend any time securing his load<\/a>?<\/p>\n *\u00a0 Did Mr. Doe spend any time cleaning his rig\/trailer?<\/p>\n *\u00a0 How much time did Mr. Doe spend at Corsicana waiting to get loaded?<\/p>\n *\u00a0 15 minutes seems pretty quick, doesn\u2019t it?<\/p>\n *\u00a0 Did Mr. Doe spend any time waiting in line behind other drivers?<\/p>\n If Mr. Doe responds \u201cyes\u201d to any of these questions, chances are, the driver has misrepresented the amount of time he\u2019s actually spent on-duty. The log that’s been presented to his carrier (and the federal government) is admittedly incorrect, and now Mr. Doe\u2019s credibility has been seriously called into question. The time that’s not being reported has probably been spent driving, making Mr. Doe in excess of his 11-hour driving limit, or working, in excess of his 14-hour on duty limit.<\/p>\n Congratulations! With proper knowledge of the rules, and careful analysis of the driver\u2019s log, we\u2019ve uncovered at least some evidence that a truck driver was fatigued leading up to the accident.<\/p>\n In the next few weeks, I will explain 11 more Federal Motor Carrier Safety Administration rules and how they’re integral to the success of your truck accident cases. These will be principles the defense cannot dispute, and easy for the jury to understand. Read Thursday for some information on the physical qualifications of drivers.<\/p>\n –\u00a0\u00a0\u00a0 Steven M. Gursten<\/a> is recognized as one of the nation\u2019s top experts in serious truck accident injury cases. He is on the board of governors for the Association of Plaintiffs Interstate Trucking Lawyers of America and past president of the American Association for Justice Truck Litigation Group. Recently, he was named a Michigan Lawyers Weekly Leader in the Law for his efforts to promote truck safety. Help for Attorneys Handling Truck Accident Cases<\/a><\/p>\n Find the Dirt on Unsafe Truck Companies in Michigan<\/a><\/p>\nRule of the Road No. 1 \u2013 Hours of Service Regulations<\/h3>\n
Truck Lawyer Tip: Driving Doesn\u2019t Necessarily Mean Working<\/h3>\n
Tired Truck Driver Example: Drivers CHEAT on their logs<\/h3>\n
Truck Driver Log<\/h3>\n
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\n– Photo courtesy of Creative Commons, by<\/em> dchousegrooves<\/em>
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