Hours of Service Rules Not Sufficient to Prevent Fatigue Based Trucking Accidents

Few motor vehicle accidents in Mississippi result in the kind of carnage that is a common result of commercial trucking accidents.  The trucking industry is subject to both federal and state regulations.  One of the most significant factors in commercial trucking accidents is driver fatigue.  Commercial truck drivers are under pressure to drive longer and take fewer breaks both to increase their pay and increase trucking company profits.  While there are strict rules that govern the hours that truck drivers spend on the road and the amount of frequency and duration of rest periods, these formal limits may be insufficient to prevent fatigue based trucking accidents.

Approximately 50 percent of all commercial trucking accidents are caused by driver fatigue according to the National Transportation Safety Board (NTSB).  Although the trucking industry is expected to comply with hours of service (HOS) rules that limit the amount of time drivers are on the road without breaks and dictate break periods before driving shifts, these rules frequently are violated.  Commercial truck drivers keep logbooks that are supposed to provide a record of compliance with HOS rules.  However, these logbooks are routinely altered.

While some tractor-trailers have black box data recorders that can be used to verify the accuracy of the logbook, these data recorders are not present in all vehicles.  There is also no requirement that the data be preserved following a commercial trucking accident.  This makes it imperative to contact an experienced Mississippi trucking accident lawyer promptly following a trucking accident who will take steps to prevent destruction of the data on the black box data recorder.

The HOS rules are also somewhat out of touch with the reality of driver fatigue issues.  Drivers HOS rules permit drivers to be on the road for 11 hours at a time.  Smartmotorist.com reports that driver fatigue can set in with no more than eighty minutes on the road without a break.  A truck driver may not be on the road longer than 11 hours without a 10 hour rest period afterwards.  The rules do not require breaks during a long 10 hour period on the road which can result in fatigue based accidents.

Long periods without breaks can result in fatigue which may cause a deterioration in critical driving skills including decision making, concentration, visual sharpness, slow reaction times and other impaired driving ability.  The mere fact that a driver complies with HOS rules does not mean that a Mississippi commercial truck driver is not fatigued.  A driver may still be negligent because the driver does not get sufficient sleep or take breaks while on a driving shift.  Truck drivers frequently feel pressure imposed by unrealistic schedules imposed by trucking companies to drive despite feeling fatigued.  This can have catastrophic results.

At Barrett Law, we have been representing those injured in commercial trucking accidents throughout Mississippi.  We have deep roots as a Mississippi personal injury law firm and have been representing those injured in serious motor vehicle accidents for over 75 years.  Our commercial trucking accident lawyers offer a free initial case evaluation so we invite you to call us at 662-834-2376.

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Federal Regulators to Eliminate Major Loophole in Drug Testing of Tractor-Trailer Drivers

Although federal regulations have mandated drug testing for truck drivers operating tractor-trailers for well over a decade, some rather major loopholes have allowed those who would otherwise be disqualified from driving on Mississippi highways to remain on the road.  New proposed legislation called the Safe Roads Act may eliminate many of the loopholes that permit commercial drivers to avoid drug and alcohol testing requirements.  Recent studies have shown that almost 70,000 commercial truck drivers currently operating tractor-trailers have tested positive for drugs.  Despite the issue of liability, commercial trucking companies hire these potential unsafe drivers for a variety of reasons including:

  • Many trucking companies fail to conduct adequate background checks that might reveal such tests.
  • Those truck drivers that are independent contractors continue to drive despite positive drug tests.
  • Commercial truck drivers do not disclose prior positive drug tests to potential or current employers.
  • Self-employed drivers who are negligent do not voluntarily remove themselves from service.

The new legislation is aimed at keeping commercial truck drivers who have tested positive for drug use off the road by employing a more comprehensive reporting and enforcement system.  The legislation contemplates the development of a comprehensive database that will compile information regarding drug test results including refusal to submit to such drug testing.  The law would impose an affirmative duty on employers and medical review officers to report positive tests for alcohol and drugs to the national database.

Commercial carriers will be required to check the database as part of their background check during the hiring process for any commercial truck drivers.  To ensure that employers obtain current data, tractor-trailer drivers will be required to provide tests at least every three years.

While drug and alcohol use by drivers of tractor-trailers is in decline, the problem still persists.  Drug use by commercial truck drivers appears to have outpaced alcohol use as a potential danger to other motorists.  A report by the Insurance Institute for Traffic Safety (IITS) of interstate commercial truck drivers found that 15 percent of all truck drivers tested positive for marijuana, 12 percent tested positive for non-prescription stimulants, 5 percent tested positive for prescription stimulants, 2 percent tested positive for cocaine and less than 1% had alcohol tested positive for alcohol.  Alcohol use by truck drivers was once a very serious problem but is now only a factor in a relatively small percentage of trucking accidents.

Trucking companies that are lax about conducting background checks before hiring new truck drivers are directly responsible for many injuries and fatalities caused by commercial truck drivers that should not be on the roadways of Mississippi.

The Barrett Law Office represents those injured in commercial trucking accidents throughout Mississippi.  We are committed to handling the legal and insurance issues related to serious Mississippi trucking accidents so that our clients can focus on healing.  If you or your loved one has suffered injury or the loss of a loved one in a tractor-trailer accident, a Mississippi truck accident attorney is available today for a free initial consultation when you call us today at (662) 834-2376.

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Sick Truck Drivers Cause Serious Tractor-Trailer Accidents

Tractor-trailers are the most dangerous vehicles on the road because of their massive size and weight, which can cause unparalleled carnage when they collide with another motor vehicle.  One of the most dangerous situations involving a tractor-trailer in Mississippi is the risk of a commercial trucking accident involving a commercial truck driver who has a serious medical condition and is unfit to operate a tractor-trailer.  How serious is the problem?  All one needs to consider in answering that question is that there are hundreds of thousands of tractor-trailer drivers who are also eligible for full federal disability benefits according to a safety study.

While the Federal Motor Carrier Administration has been aware of the problem for years, there has been little improvement in safety regulations to protect Mississippi motorists from drivers who suffer serious medical conditions that may result in a driver suffering a seizure or loss of consciousness behind the wheel.  The danger posed by sick drivers who are unfit to drive first assumed national recognition in 1999 after a fatal busing accident claimed the lives of 22 occupants.  The vehicle left the roadway and ran off an embankment after the driver reportedly slumped behind the wheel.  The commercial driver was later revealed to have had a severe medical condition involving his kidneys that had necessitate multiple hospital stays.  An investigation of the incident revealed that the driver had been released from the hospital only hours before and had medications in his system prone to make him drowsy.

There have been few changes to keep medically unfit drivers off the road since recommendations were made in 2002 following this tragic accident.  Almost a decade later most of those recommendations have not been turned into policy or regulations.  There has been over a thousand tractor-trailer accidents involving truck drivers who are medically unfit since that time.

Despite the danger posed by the idea of an unconscious driver behind the steering wheel of a tractor-trailer that is barreling down the highway at a rate of sixty mile per hour, the rules designed to keep sick drivers off Mississippi roadways are ludicrously inadequate.  All that is required is a certificate of medical fitness from virtually any health care professional including nurses and chiropractors.  Further, there are no standards for the type of medical evaluation or what constitutes medically fit.  Because there are no regulations governing the competency or expertise of the medical evaluation nor standards for conducting the evaluation or determining medical fitness, the system provides virtually no protection from sick truck drivers on Mississippi roadways.

The experienced tractor-trailer accident attorneys at Barrett Law Offices represent those injured in serious commercial trucking accidents including those caused by truck drivers with serious medical conditions that render them unsafe to drive.

If your or someone you love has been injured in a serious Mississippi tractor-trailer accident, our experienced Mississippi tractor-trailer accident lawyers have been helping clients just like you for over 75 years.  We offer a free initial case evaluation so call us today at (662) 834-2376.

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Mississippi Tractor-Trailer Accidents Involving Hazardous Materials Pose Special Danger

The trucking industry is a vital part of our commerce system providing a means for transportation our food and other important consumer products.  However, there are also more ominous types of cargo transported via tractor-trailers on our freeways on a daily basis such as hazardous material.  Most people do not realize that tractor-trailer incidents involving hazardous materials are relatively common.  There were 167,448 incidents involving hazardous materials through the years spanning 2000 to 2009. The cost of those incidents was $617,956,000 in damage costs, 132 deaths, and 2,750 injuries according to the U.S. Department of Transportation Hazardous Materials Information System.

The Environmental Protection Agency (EPA) categorizes materials that are flammable, corrosive, or toxic as hazardous material.  The federal government has enacted regulations for the disposal, delivery, and transportation of hazardous material.  When accidents on our freeways occur involving trucks carrying hazardous material, these accidents often result in the highway being closed down.  There frequently is significant property damage and serious injuries or fatalities.

Trucking Regulations

Commercial truck drivers that transport hazardous materials are held to a different standard than truck drivers hauling regular cargo. The drivers of these trucks must undergo special training and obtain a special license that states that they have been received this training and are qualified to haul this cargo.

The federal government is responsible for endorsing these drivers and regulating the transport of hazardous material in our country. Trucking companies are expected to know the regulations and adhere to them or risk citations. The trucking companies and drivers also have to comply with each state’s regulations concerning hazardous materials because each state is different.

Trucks carrying hazardous waste must have special signs in a visible location on their truck stating what material is inside. The materials in the truck must be properly loaded, packaged and handled according to federal and state regulations.

The Dangers of Hazardous Materials

The dangers of accidents on the highway involving these trucks carrying hazardous materials can extend far beyond just two vehicles colliding. When a truck like this crashes, a hazardous gas can be released into the air or a toxic liquid can leak out onto the roadway.  These corrosive or toxic materials can cause people to become sick or can cause extreme property damage or present long-term health hazards.  Long-term medical problems that can result from being exposed to these hazardous materials may include skin problems, headaches, lung problems, eye problems, poisoning, respiratory illnesses, cancer and immune system problems.

If you or a loved one has been involved in an accident with a truck carrying hazardous material, then make sure you seek medical attention and call our office right away to get experienced legal representation.  Injuries that you can sustain in these types of accidents can be life threatening, and we can help you identify the responsible party and recover compensation for your damages.

If you or your loved one is injured or if a loved one was killed in a commercial trucking accident involving hazardous material, contact the experienced personal injury attorneys at Barrett Law, PLLC to learn how we can help.  Our tractor-trailer accident lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at 662-834-2376.  No Recovery No Fee!

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