The Deadly Cost of Trucker Fatigue on Michigan Roads

As personal injury attorneys, accidents involving mass transit and trucks are some of the most devastating incidents we deal with in terms of property damage, major injuries, and tragic deaths. Sure, buses and commercial aircraft carry large numbers of passengers and account for many such accidents. But trucks – especially fully-loaded semis and double tractor-trailers – are massive, nearly unstoppable beasts traveling down our state’s highways at high rates of speed. And with 190,000 or more trucks registered in Michigan, there are likely to be hundreds of them prowling Michigan’s roads at any given moment. For these reasons and more, both state and federal regulations require that stringent safety practices must be followed by airline pilots, bus drivers, and commercial vehicle drivers – especially those who drive semis on interstate highways here in Michigan and across the country.

What do airline pilots and truck drivers have in common?

You might already know that the work shifts of airline pilots are limited by Federal Aviation Administration (FAA) rules. For the safety of everyone who flies – including pilots, flight crew, and passengers alike – flight times are “restricted to a maximum of 8 hours for flight crews consisting of one pilot and 10 hours for flight crews consisting of two pilots.” The rule is intended to prevent pilots from falling asleep in the cockpit or making errors caused by excessive fatigue. But did you know that similar rules also apply to truck drivers? They’re in place so that everyone on the road can be kept safe whether they’re on vacation up North, taking a pleasure drive on a Sunday afternoon, or simply coming home after a long day at work. Let’s discuss those rules and why they’re especially important if you’re ever injured by a careless truck driver (or an irresponsible trucking company) through no fault of your own. (And, if you ever do happen to become involved in a crash with a truck, here’s some advice on how to best deal with the immediate effects of the collision.)

Work shifts of truck drivers are strictly governed by federal law

That’s right – just like airline pilots, those intrepid professionals who pilot tractor-trailers down Michigan’s motorways are also subject to federal rules limiting the number of hours they can drive their big-rigs. And it’s a good thing, since the average loaded 18-wheeler is a genuine juggernaut weighing 16-20 times as much as a typical passenger car. Whenever a semi tangles with subcompact Subaru, a midsized Sportage, or even a sizable Suburban, the massive truck nearly always comes out the winner. Which is why we make it a point of pride to represent “the little guy” in situations like this, especially since Michigan law permits injured parties to sue when they experience “serious impairment of body function” or “permanent serious disfigurement” through no fault of their own. In one recent case involving a fatal truck accident, for example, we won a record-setting $37 million wrongful death settlement for the very deserving family that suffered an incalculable loss. So, what are the rules governing truck driver training, limiting the length of trucker work shifts, and safeguarding Michigan drivers from incompetent or fatigued semi drivers? They’re complicated. First and foremost, truckers must earn a Commercial Driver’s License (CDL) which certifies their knowledge of the rules of the road especially as they apply to driving large vehicles such as buses and semis, or trucks used for transporting hazardous substances. Furthermore, CDL holders have to pass a tough road test that includes conducting pre-trip safety checks; demonstrating a series of skills that prove their ability to back-up, park, and connect to a loading dock; and a undertaking a lengthy highway travel segment that tests would-be truckers for proper driving techniques and safe operation behind the wheel. After receiving a CDL, the driver is also subject to obeying strict Hours of Service Regulations administered by the Federal Motor Carrier Safety Administration (FMCSA). Specifically, drivers transporting cargo or passengers are limited by the following FMCSA rules governing the time periods they’re allowed to operate their vehicles:

• 10- to 11-Hour Driving Limits

Truckers carrying cargo may drive a maximum of 11 hours after 10 consecutive hours off duty. Those transporting passengers may drive a maximum of 10 hours after 8 consecutive hours off duty.

• 14-Hour Limit

Drivers carrying cargo may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period. Drivers transporting passengers may not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty-time is not included in the 15-hour period.

• 30-Minute Driving Break

Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes (i.e., on-duty not driving, off-duty, sleeper berth, or any combination of these taken consecutively).

What are some of the other issues that lead to truck-related accidents?

Those rules, among many more, are intended to keep sleepy truckers off the road for the safety of other drivers, not to mention innocent bicyclists, motorcyclists, and pedestrians. But sometimes reckless truck drivers attempt to shortcut regulations. Or they fail mandatory drug tests. Or they fall victim to distractions such as texting while driving. Or they simply neglect to observe basic driving safety rules of the road. Because of that, truckers – and trucking companies – need to be held accountable for their actions by a team of attorneys specializing in Michigan truck accidents. Even more importantly, that team should have proven expertise in interpreting the law and helping enforce it in court, along with vast experience dealing with a key legal concept called “vicarious liability” which means that a trucking company (and therefore its insurers) can be held legally responsible for the negligent actions of its employees. Of course, some drivers are independent or act as contractors, which introduces yet another element of complexity to the situation. All of which means that you’ll want the trucking specialists at Mike Morse Law Firm to have your back if you’re ever hurt in a truck-related crash anywhere in the Great Lakes State.

How are truck drivers monitored to be sure the rules are followed?

To ensure compliance with FMCSA regulations, long-distance truckers must complete either a paper logbook verifying the hours they spend behind the wheel, or more commonly use an electronic logging device (ELD) that automatically tracks their time and distance traveled. Both of these forms of documentation can serve as vital pieces of evidence in cases where innocent drivers are injured by truckers who have been driving too long, or who succumb to highway hypnosis (also known as “white line fever”) and become fatigued, ultimately causing a collision. The Michigan State Police actively enforce state and federal laws governing commercial vehicles including regulations that cover the safe operation of passenger buses and tractor-trailers. In addition, they operate weigh stations, patrol highways, investigate hazardous material incidents, inspect buses, and conduct motor carrier safety audits adhering to the state’s Commercial Vehicle Safety Plan which coordinates with the FMCSA Motor Carrier Safety Assistance Program. There are numerous other rules, regulations, and exceptions concerning the hours that long-haul truckers are permitted to be on the road, which are compiled in this 28-page FMCSA guidebook. In addition, federal laws and procedures for drug and alcohol testing are outlined on the U.S. Department of Transportation website. Numerous additional regulations can be found on this comprehensive FMCSA website. If you haven’t guessed it by now, trucking laws are extremely complicated, and the rules that truckers and trucking companies must follow are challenging to understand, even for people with years of experience in the transportation industry. From a legal perspective, if you’re ever faced with circumstances that make it necessary to seek compensation for a truck-related injury, you’ll want to have a team of attorneys intimately familiar with all these labyrinthine rules on your side. You can probably guess who we’re talking about!

If a trucker – or a trucking company – injures you, we’re here to hold them accountable

To sum it all up, truck drivers have an enormous responsibility to drive safely and to obey the law because they drive enormous vehicles capable of doing enormous harm to large numbers of innocent people. But if their actions cause accident victims to get hurt, someone needs to step in. That’s us – the crack legal team at Mike Morse Law Firm. To get us working on your side, call 855-MIKE-WINS (855-645-3946) or click right here. In a matter of minutes, we’ll be working on your case and protecting your rights to seek fair compensation for your injuries so you can keep on truckin’ – whatever you drive!