Texas Truck Driver Fatigue Accident Lawyer

Texas Truck Driver Fatigue Accident Attorney

Have You Been in a Texas Truck Accident Caused by a Fatigued Driver?

Call the Merritt & Merritt Law Firm today at (713) 535-7051. Fatigued driving is a problem that plagues the commercial trucking industry. Driving while fatigued is dangerous for any driver, but when that driver is operating a large and heavy truck, the potential for catastrophic injury and even death increases exponentially. There are several reasons why fatigued driving occurs so much in the trucking industry, as our Texas truck driver fatigue accident lawyer explains.

Federal Violations of Mandated Truck Driver Requirements

To help ensure commercial interstate truck drivers are receiving enough sleep and are not a danger to themselves and others, there are laws and regulations in place that mandate how much time a truck driver is allowed behind the wheel and how much time they must spend off duty. The Federal Motor Carrier Safety Administration (FMCSA) has guidelines for commercial interstate truck drivers, including the following rules. More specific information may be found on their site.

14 Hour Window for Driving

A driver is allowed to drive up to 11 hours in a period of 14 consecutive hours, after they have been off duty for 10 or more consecutive hours. After reaching the end of the 14 consecutive hours, the truck driver must be off duty for another 10 hours (or the equivalent of at least 10 consecutive off-duty hours) before they are able to drive again.

11 Hour Limit on Driving

Even within the 14 hour driving window, it is not allowed for a driver to drive no more than a total of 11 hours. Also, there must not have been more than 8 hours since the last break of at least 30 minutes. After reaching the 11 hour driving limit, the truck driver must be off duty for at least 10 hours (or the equivalent of at least 10 consecutive off-duty hours) before they are able to drive again.

Texas Violations of Mandated Truck Driver Requirements

Not all large trucks on Texas roadways are driving to and from other states. Some are intrastate, meaning they only drive within the state of Texas. To ensure the safety of these drivers, as well as others, there are rules which Texas intrastate truck drivers must follow. These rules are listed in Title 37 Texas Administrative Code Chapter 4.12. It states, in part, that:

• Intrastate truck drivers will be permitted to drive 12 hours following 8 consecutive hours off duty;
• Intrastate truck drivers may not drive after having been on duty 15 hours, following 8 consecutive hours off duty;

There is also a 70 hour/ 7 day rule which states:

• Texas intrastate truck drivers cannot work any more than 70 hours in a period of 7 consecutive days;
• Texas intrastate truck drivers are required to have a 30 minute break prior to the completion of 8 continuous hours of work;
• Texas intrastate truck drivers can work no longer than 15 consecutive hours;
• Texas intrastate truck drivers can drive no longer than 12 consecutive hours;
• Texas intrastate truck drivers must spend 8 hours off duty before they are able to start a new work period;
• Texas intrastate truck drivers are required to take 34 hours off duty before they are able to begin a new 7 day consecutive work period.

Both the federal interstate and the Texas intrastate rule for truck drivers exist to prevent drivers from being behind the wheel with inadequate rest. The ramifications of driving while fatigued are to be taken seriously, and violating these federal and state mandates often leads to serious consequences.

Even with the rules in place regarding how much time truck drivers are allowed to work, many drivers are on schedules that fluctuate, making it very difficult for drivers to establish a consistent sleep pattern.

Unrealistic Delivery Schedules

Another common problem our Texas truck driver fatigue accident lawyer has noticed is that many truck drivers face unrealistic delivery schedules. The trucking company, or subcontractor, that employs the truck driver may place pressure on them to deliver their cargo in a time-frame that is not possible if they are to receive adequate rest. To ensure they do not miss their deadline, many truckers feel forced to speed, or drive when they should be resting.

Effects of Driver Fatigue

Many people underestimate the detrimental effects of driving while fatigued. In fact, driving a motor vehicle without adequate rest can cause the same symptoms as driving under the influence of alcohol. One study by Nature actually found that “after 17 hours of sustained wakefulness, cognitive psychomotor performance decreased to a level equivalent to the performance impairment observed at a blood alcohol concentration of 0.05%”. Some of the most common effects are:

• Decreased Reaction Times: Fatigue can cause a driver to react more slowly than they normally would, especially in an emergency situation.
• Falling Asleep: A tired driver is much more likely to nod off and fall asleep while behind the wheel.
• Lane Drifting: A tired driver is more likely to lose control of their vehicle, and drift into neighboring lanes.

Proving Driver Fatigue as a Cause of Texas Truck Driver Accidents

After an accident with a truck driver, your Texas truck driver fatigue accident lawyer will investigate to determine if lack of sleep was a factor in the accident. They are able to check into the driving record of the truck driver as well as the records of the truck itself. Drivers are often required to keep a record of their time spent behind the wheel, and this is a great place to start when determining if driver fatigue is a cause in an accident. Other evidence your Texas truck driver fatigue accident lawyer will look for are hotel receipts, toll receipts, and bills of lading.

Speak With a Texas Truck Driver Fatigue Accident Lawyer at Merritt & Merritt

A Texas truck driver fatigue accident lawyer at Merritt & Merritt can provide you with the representation you need when you have been injured in an accident with a truck driver that suffered from fatigue. You may call us at (713) 535-7051 or via our contact page.