Recognizing the Dangers of Fatigued Driving

Any condition or situation that takes a driver’s attention off of the task at hand increases the risk of a traffic accident. Distracted driving is one such situation and a growing safety concern across the nation. Another safety risk is fatigued driving, which is a common problem for big rig operators.

Truckers and Hours-of-Service Rules

Although semi truck drivers are required to abide by Hours-of-Service (HOS) regulations with regard to the amount of time they are allowed to drive without any breaks, many violate these rules for the sake of bonuses and/or greater profits. Truck drivers may even receive pressure from the trucking company they work for to meet unreasonable delivery schedules. Nonetheless, continuing to drive for inordinate amounts of time without rest causes fatigue, which can significantly hinder a driver’s ability to operate their truck safely and can even result in a driver falling asleep at the wheel. Consequences of fatigued driving, other than completely falling asleep, include:

• Drifting into other lanes of traffic;
• Abrupt changes in speed;
• Excessively slow speed;
• Over-steering;
• Under-steering;
• Slower reaction times; and
• Improper (or lack of) braking.

Consequences of a Big Rig Crash

Any of the aforementioned fatigued driving issues can cause a truck accident, and the unfortunate reality is that truck crashes have devastating results for other motorists. The immense size and weight of a semi truck makes it a highly dangerous vehicle. Even minor accidents with smaller passenger vehicles can result in serious or even fatal injuries for the occupants of the smaller vehicle while the truck driver survives potentially without any injuries. When a truck driver does not take their required rest breaks, they place the lives of other motorists at risk. Fatigued truck driving is one of the most common causes of truck accidents resulting from driver negligence.

How a Massachusetts Truck Accident Attorney Can Help

It is inexcusable that truck drivers should operate their massive vehicle while fatigued as it is completely preventable. If you or a loved one has been injured as the result of truck driver fatigue, you have the right to hold the driver liable for the injuries you’ve suffered. The experienced Boston semi truck accident lawyers with the Kiley Law Group are committed to obtaining maximum compensation for each and every client and can help you understand your legal rights and options. Call us today for a free consultation at (888) 208-1695.

What is the Driver Fatigue Law in MA?

Driver fatigue doesn’t get the attention that drunk driving does, but it can be equally dangerous.  There are about 56,000 car crashes each year that are directly related to driver fatigue, according to SmartMotorist.com.  These accidents all too often end in fatalities and individuals who suffer serious personal injuries from them.  Thankfully, legislatures across the U.S. are beginning to address the importance of creating laws relative to driver fatigue.  

Maggie’s Law
Maggie’s Law was initially proposed and enacted in New Jersey in 2003 based on a tragic case in which a young woman was killed in a driving fatigue crash.  The driver who struck the young college student’s vehicle had not slept in more than 30 hours.  This law in New Jersey considers this type of driving behavior to be reckless and drowsy drivers could face charges of vehicular homicide.

While there is no driver fatigue law in Massachusetts on the books at the moment, a bill similar to Maggie’s Law was introduced in the Commonwealth’s legislature in 2006.  The majority of the bill failed shortly thereafter, but parts of it did prevail.  One of the successful parts of the bill that passed requires teenage drivers to stay off of the roadways from 12:00am until 5:00am, as younger drivers are at a significantly higher risk to suffer from driver fatigue.  The second aspect of the bill mandates driver fatigue awareness programs for teenagers in order to educate them on the very real dangers of driving while drowsy.

Truck Driver Fatigue
The Federal Motor Carrier Safety Administration regulates transportation companies and their truck drivers around the country.  Truck drivers, by law, are only permitted to drive for a specified number of hours each day and each week and are required to take breaks between demanding drives.  If you’ve been in an accident where the truck driver involved was suffering from driver fatigue, you may be able to pursue damages from not only the truck driver but the parent company for your injuries as well.

Special Commission on Drowsy Driving
This commission was established in Massachusetts to analyze driving fatigue across the state.  In the commission’s report, several risk factors were pinpointed and another bill has since been proposed to the legislature.  If this new bill is passed, it would consider drivers suffering from driver fatigue to be in the same category as intoxicated drivers. 

When to Contact a Massachusetts Injury Lawyer
If you have been seriously injured in a car crash in Massachusetts you should contact a Massachusetts injury attorney to learn about your rights and determine liability. When you are interviewing personal injury attorneys ask critical questions, such as: how long have you been practicing; what is the largest settlement or verdict you’ve obtained, and do you have experience with driver fatigue accidents?

Kiley Law Group takes time when speaking with you about your case and works with you on a contingent fee basis so there are NO FEES unless our trained personal injury lawyers wins your case. Call us now to schedule a FREE evaluation of your case - 1-800-410-2769.

If you have lost someone you love in a motor vehicle accident in Massachusetts, BEFORE you sign any forms, talk to the insurance company or hire any lawyer, get this free Massachusetts accidents book to learn how to avoid making the 7 fatal mistakes after an accident.