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.
