TRUCKING CASES: KNOWING THE LAWS THAT GOVERN THE BIG RIGS
In February 2011, the trucking industry shipped 4.2-percent more goods than it had just one year ago, according to the American Trucking Association's latest report.
With more goods being shipped, one can expect more trucks on the road. With more trucks on the road, truck driver regulation compliance and safety are paramount.
While there has been a lot of press regarding the dangers of truck driver distraction due to cell phone use and text messaging while driving, another concern is truck driver fatigue. A major contributor to fatigue: sleep apnea. According to the Federal Motor Carrier Safety Administration's article Snoring-No Laughing Matter:
It appears that commercial truck and motorcoach drivers might be at higher risk of having this disorder. A study conducted by the University of Pennsylvania and sponsored by the Federal Motor Carrier Safety Administration (FMCSA) and the American Transportation Research Institute of the American Trucking Associations found that almost one-third (28 percent) of commercial truck drivers had some degree of sleep apnea. (citation omitted) The study found that the risk of having sleep apnea depended on two major factors, age and degree of obesity, with prevalence.
Federal law establishes the maximum amount of hours drivers are allowed to work. Drivers must document hours spent driving, on-duty but not driving, off-duty, even time spent in the sleeper berth (the trucking industry's term for the truck's sleeping area), as well as miles travelled among other things. 49 C.F.R. 395.8. Such standards aim to prevent fatigue; yet, the industry constantly grapples with this issue.
Cases involving collisions with trucks are more complex than cases involving collisions between cars, as trucking cases often involve a mix of federal and state laws and statutes. Also, trucking accident cases frequently involve considerable personal injury claims resulted from serious injuries and often death. Those injured in a trucking incident, must hire a personal injury attorney who is familiar with litigating trucking cases -- one with proven results, experienced at choosing the right experts, and with knowledge of this area of the law.
One of the main components of successfully litigating trucking accident cases is a familiarity with the Federal Motor Carrier Safety Regulations. Mastery of the regulations will reveal the appropriate bases for liability, including failure to make mandatory inspections, maintenance or repairs, hours-of-service violations, and even negligent hiring claims against the trucking company.
In September of 2009, Jeffrey J. Kroll addressed The Association of Plaintiff Interstate Trucking Lawyers of American (APITLA) regarding "Deposing the Fatigued Trucker,” in Las Vegas, Nevada.
