A fully loaded tractor-trailer can weigh up to 40 tons in Washington State. Given the tremendous size of these large vehicles, they pose an inherent safety hazard. It is imperative that truckers drive with care and attention, and that requires ensuring that they have adequate rest.
Fatigued driving is one of the leading causes of commercial truck accidents. It is negligence, and truckers and trucking companies can be held accountable. Here, our Seattle semi-truck accident attorney provides a guide to fatigued trucker crashes in Washington.
Trucker Fatigue is a Factor in Many Tractor-Trailer Crashes
Truck drivers need to be well-rested. Trucker fatigue is a serious—and all-too-common factor—in tractor-trailer crashes. Long hours on the road, irregular sleep schedules, and pressure to meet tight delivery deadlines can leave commercial drivers dangerously exhausted. Unfortunately, there is pressure for truckers to get on (and stay on) the road even when they have not had enough rest. Profits should never be allowed to come before public safety. Fatigue is dangerous:
- It impairs judgment;
- It reduces reaction times; and
- It increases the risk of serious errors behind the wheel.
How common is trucker fatigue as a factor in crashes? According to data from the United States Department of Transportation (DOT), trucker fatigue is cited as a causal factor in approximately one in seven 18-wheeler crashes nationwide. Even a momentary lapse in attention due to drowsiness can result in devastating consequences.
An Overview of Federal Hour of Service Limits for Commercial Truckers
There are federal and Washington State trucking safety regulations in place that are designed to prevent fatigued driving. Commercial truckers in King County and elsewhere in Washington must comply with the Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) restrictions. These rules limit the amount of time that a trucker can spend behind the wheel of a commercial vehicle in a given day or week. Here is an overview of the safety standards:
- Eleven Hours in the Maximum Daily Driving Time: A commercial truck driver cannot operate a truck for more than eleven hours in a day. Notably, they can only drive eleven hours after they have had at least ten consecutive hours off duty.
- Fourteen Hours in the Maximum Daily Driving Window: The 11 driving hours must fall within a 14-hour window that starts after the driver comes on duty. Breaks or non-driving time do not extend the 14-hour limit. That is the maximum workday.
- Truckers Need at Least One 30-Minute Break Per Day: Truckers must take a 30-minute break after eight cumulative hours of driving time. Further, they must be off-duty during this break. They cannot be doing other work, such as maintenance or administrative work.
- Weekly Rule is 60 or 70 Hours (seven or eight-day period): A driver cannot operate a truck after 60 hours on duty over seven consecutive days or 70 hours over eight consecutive days. Which option a trucker chooses is up to their specific schedule.
- A 34-Hour Break is Required to Reset the Weekly Clock: The weekly clock requires a minimum mandatory 34-hour break to reset. Imagine a trucker hits maximum driving time on Friday night. He or she cannot drive commercially at all on the following day (Saturday).
Compliance: Commercial truck drivers are required by federal law to log their hours of service (HOS), and in most cases, they must do so using an Electronic Logging Device (ELD). Under the FMCSA’s ELD Rule, most truckers need to have all driving time properly recorded.
Fatigued Driving is Negligent Driving (Truckers and Truck Companies are Responsible)
Washington is a fault-based commercial trucking accident state. A trucker or trucking company can be held legally liable for a crash caused by negligence. To be clear, fatigued driving is not just dangerous; it is negligent driving under Washington law. A fatigued trucker should not be behind the wheel of a large commercial vehicle. They are putting innocent people at risk.
Violations of the federal Hours of Service (HOS) regulations are strong evidence of negligence. These rules exist to prevent fatigued driving by setting clear limits on how long a trucker can be behind the wheel. If a truck driver or trucking company ignores those limits, they are disregarding the safety of everyone else on the road. HOS violations are strongly suggestive of fatigued driving.
With that being said, fatigued driving is also negligent without an HOS violation. Negligence is generally defined as the failure to exercise reasonable care under the circumstances. In Washington State, as in most jurisdictions, a truck driver who knowingly operates a commercial vehicle while dangerously fatigued may still be found negligent. HOS compliance is a minimum safety standard.
Recovering the Maximum Compensation through a Fatigued Driving Truck Accident Claim
Hurt in a crash with a fatigued trucker in Seattle or elsewhere in Washington? You have the right to hold the at-fault trucker (and trucking company) liable for the full extent of your damages, including non-economic losses. With that being said, truck companies and their commercial insurance carriers can make it very difficult for people to get access to the full and proper compensation that they rightfully deserve. They want to settle cases for less. Our Seattle semi-truck accident attorneys can help. Along with other damages, you may be entitled to recover for:
- Vehicle repairs;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Loss of wages;
- Diminished earning power;
- Pain and suffering;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death.
Schedule a Free Case With Our Seattle, WA Truck Accident Lawyer Today
At Seattle Car Accident Law Firm, our Seattle semi-truck accident attorney has the knowledge and experience that you can trust. If you were hurt in a crash with a fatigued trucker, we are here to help you recover the maximum compensation. Call us at (564) 444-7708 or contact us online for your free, no-obligation initial case review. With an office in Seattle, we handle truck accident fatigue claims in King County and throughout the wider region in Washington.
