Chicago Accident and Injury Lawyer Blog

As Chicago trucking accident attorneys we are continually concerned with the presence of drowsy or fatigued truck drivers on our roadways. We were disturbed to read the recent news out of the Quad Cities that a semi truck driver admitted to authorities that he fell asleep behind the wheel of his vehicle while transporting cattle. According to reports, the driver lost control of his vehicle during the early hours of October 14, 2011, the truck flipped onto a median, released close to 30 cattle onto the highway, and caused two other accidents. Fortunately, in this instance, those involved in the accidents suffered few injuries.

Our Chicago Accident and Injury Lawyer Blog has repeatedly discussed the hazards that fatigue and distracted semi-truck drivers pose to themselves and other drivers on our roadways and highways. Despite federal regulations in this area, semi-truck drivers typically work long hours, often pushing themselves to the limit when it comes to fatigue. The Federal Motor Carrier Safety Administration, which continually shows concern for this topic, has noted in the past that commercial truck and motorcoach drivers are at higher risk for acquiring and suffering sleep disorders, such as sleep apnea. According to Advocates for Highway and Auto Safety, Truck driver fatigue is a contributing factor in as many as 30-40% of all heavy truck crashes.

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 CFR 395.8. Such standards aim to prevent fatigue; yet, the industry constantly grapples with this issue. In fact, hand-written drivers' logs have become so unreliable that many in the industry call them "comic books."

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 resulting from serious injuries and often death. Those injured in a trucking incident, must hire a trucking accident 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. Jeffrey J. Kroll has lectured on the topic of fatigued truck drivers. He addressed The Association of Plaintiff Interstate Trucking Lawyers of American (APITLA) and presented his paper, "Deposing the Fatigued Trucker,” in Las Vegas, Nevada, in 2009.