The Impact of Driver Fatigue: Truckers, Negligence, and Legal Responsibility

Fatigue behind the wheel is a serious issue that’s often overlooked, especially when it comes to truck drivers. What’s often not recognized is how dangerous driver fatigue can be. Driver fatigue is okay if a trucker is tired because they keep snacking on plenty of Oreos. But they don’t know how unsafe it is. Staying awake for 18 hours, like some truckers do, is as bad as driving with a slight bit of alcohol or .05 BAC level in your body, which is illegal for professional drivers in California. So, people who serve on juries need to take fatigue more seriously

A Trucking Accident Injury Lawyer must overcome the challenge of addressing these common misconceptions when seeking fair compensation for clients in cases involving fatigued truck drivers. This compensation usually includes money for economic losses, such as medical bills, and non-economic losses, such as pain and suffering. Additional punitive damages are typically available in these cases as well.

Trucker Duty of Care

We mentioned the BAC level for commercial drivers in California above, which is .04. That’s half the limit for noncommercial drivers (.08). This difference shows the different standards of care that commercial and noncommercial drivers must follow.

Usually, commercial drivers, such as bus drivers and Uber drivers, charge money to transport people. Additionally, most commercial drivers, notably truck drivers, have additional skills and experience. Therefore, the law holds these drivers to a higher standard.

Because of the higher standard, like briefly dozing off behind the wheel, it is not just a mistake, or a lack of care, if the tortfeasor (negligent driver) was a commercial driver. This is in contrast to non-commercial drivers, where the same mistake may not be seen as negligent.

The standard is high because the stakes are high. The majority of truck crashes result in severe burns, head trauma, and other traumatic injuries. Negligence truckers are legally responsible for the wrecks they cause. In most cases, the transportation or shipping company that owned the truck and/or cargo is financially responsible for damages.

The respondeat (responsible for the actions) superior rule applies if the tortfeasor was an employee who was negligent during the course and scope of employment. Driving a commercial truck, regardless of official employment status or any other facts, usually invokes this rule.

Respondeat superior adds an extra layer to a complex case for a Los Angeles personal injury lawyer. Generally, an out-of-state holding company owns the truck.

Frequently, shipping and transportation companies play a role in creating fatigued truckers. Instead of paying their drivers by the hour, these companies typically pay based on the number of trips made. Therefore, truckers have a financial incentive to drive as long as possible, and take as few breaks as possible, even if it increases the risk of accidents.

The regulatory environment doesn’t help either. Higher ups relax the rules and, in many cases, field officers don’t aggressively enforce the few rules which remain on the books.

Effects of Fatigue

We mentioned the acceptable negligence angle of trucker fatigue cases above. On a similar note, many truckers believe that driver fatigue is redeemable negligence. They think that chewing gum, drinking coffee, listening to annoying heavy metal music, and other shortcuts effectively counteract the effects of fatigue.

These shortcuts sometimes make drivers feel more awake for a few minutes. But they don’t address the underlying effects of fatigue, which include:

• Slow reflexes,
• Poor judgment,
• Impaired eye-hand coordination,
• Distracting muscle aches,
• Lightheadedness,
• Difficulty concentrating, and
• Memory impairment.

A fully-loaded large truck weighs over 80,000 pounds. Experienced drivers operating at 100 percent on all cylinders, physically, mentally, and emotionally, have a hard time controlling these massive vehicles. Impaired drivers, even if that impairment is marginal, usually cannot control them at all.

Driver Fatigue and Drug Use

Drinking coffee and the other activities mentioned above are ineffective, yet harmless, shortcuts. A disturbing number of drivers take ineffective and harmful shortcuts.

In a recent study, over 80 percent of truckers admitted they used amphetamines while driving, to counteract the effects of fatigue. These drugs vastly increase alertness, and that’s the problem. Truckers become edgy and suspicious, which further impairs their already-impaired judgment.

Under the pressure from tight schedules and reaching their goals, many truckers resort to using amphetamines, stimulant drugs that temporarily boost energy and alertness. However, these drugs also cause side effects such as edginess and impaired judgment. Once the effects wear off, users face a sharp crash in energy and often take more pills, creating a hazardous cycle.

This dangerous coping mechanism highlights the extreme levels of pressure truckers experience, ultimately increasing the risk of accidents caused by fatigue.

Fatigued truck drivers are frequently caught in a cycle of unrealistic demands and insufficient support, leading to accidents that cause serious injuries. At the Law Offices of Eslamboly Hakim, we understand the pressures drivers face and are here to hold negligent companies accountable.

Contact Our Commercial Truck Accident Attorney Today!

If you’ve been injured in a truck-related accident, our experienced Trucking Accident Injury Lawyer Los Angeles is ready to fight for you. We offer free consultation, so you can seek advice without any upfront costs. To make the process easier, we provide flexible appointment options, including evenings, weekends, and even out-of-office visits upon request. Contact us today—let’s start working for you.

Credit: Photo by Midjourney