New Rules Sought to Limit Opportunities for Truck Driver Negligence
Serious truck accidents underscore the need for better truck driver regulations, drowsy driving laws and distracted driving laws.

December 15, 2011 /24-7PressRelease/ -- Referred to as "80,000-pound unguided missiles" by Transportation Secretary Ray LaHood, semi trucks pose a significant safety risk to all drivers and passengers on America's highways and byways. While the safety risk will always be there because of the sheer size of these vehicles, the danger created by 18-wheelers is increased when drivers engage in certain negligent or preventable behaviors, such as distracted driving or driving while fatigued.

A deadly truck accident in 2010 highlights these dangers.

Traveling north through Kentucky at 5 a.m., a van full of family and friends was unaware that a quick phone call was about to bring many of their lives to a premature end. Because at the same time, a truck driver, who was using his cell phone, crossed the Interstate's median and barreled through a cable barrier, entering the northbound lanes of traffic. The truck drove head-on into the van, which was carrying 12 passengers. This truck accident resulted in the deaths of 11 people, including the truck driver.

During its investigation into the fatal truck accident, the National Transportation Safety Board (NTSB) discovered that the driver had used his cell phone 69 times in the 24-hour period preceding the truck accident, including four phone calls in the minutes just prior to the accident (one of which corresponded to the time of the accident).

After ruling out other factors that may have caused or contributed to the accident -- such as mechanical issues with the truck, weather or driver health issues -- the NTSB investigation concluded that a distraction caused by using the cell phone led to the fatal accident. The NTSB also noted that the semi-truck driver was fatigued at the time of the accident, which a CNN article reports could "have contributed to the distraction effects of the phone."

Ban on Cell Phone Use by Commercial Drivers

After concluding its investigation, the NTSB recommended that all cell phone use, including talking on both hand-held and hands-free technologies, be banned for commercial drivers, except for in emergency situations. While the NTSB does not have the authority to implement the cell phone ban itself, the recommendation could persuade other federal rule-making agencies or federal or state legislators to act.

If the NTSB's recommendation is implemented, it will add to the Federal Motor Carrier Safety Administration's (FMCSA) ban on truck drivers texting while behind the wheel. Truck drivers would be banned from using their cell phones for any reason while driving, except in emergencies, limiting in-cab distractions so drivers could focus on driving.

Dangers of Distracted Driving

According to statistics from the National Highway Traffic Safety Administration (NHTSA), 20 percent of accidents in 2009 involved at least one distracted driver, resulting in nearly 5,500 deaths. Of those fatalities, nearly 1,000 involved the use of a cell phone.

Distracted driving can involve any activity that takes a driver's focus off the road, including talking on a cell phone, reading or writing a text message, eating or drinking, personal grooming (such as applying makeup), using a GPS or map, changing the radio station or CD, or talking to passengers. All of these activities fall into at least one of the three main types of distraction listed by the NHTSA: visual (removing eyes from the road), cognitive (taking mind off the task of driving) and manual (taking a hand off the steering wheel).

Proposed Changes to Hours-of-Service Rules

In addition to trying to increase safety by limiting the distractions that drivers face while on the road, authorities are also trying to keep everyone safe by making sure that truck drivers get enough rest. The FMCSA is in the final stages of changing the rules concerning hours-of-service (HOS) regulations.

The FMCSA is proposing limiting the number of hours that can be driven in a day. Currently, drivers are allowed to drive 11 hours in a day; a change to this rule would limit drive time to 10 hours per day.

While drivers are only allowed to actually drive for a certain amount of time, drivers are allowed to work a longer day in order to complete non-driving work, such as loading and unloading cargo. However, the proposed rules seek to limit this time as well by mandating that drivers take at least one hour of break time during the day.

Further, truck drivers are limited in the total amount of on-duty time that can be worked in any seven- or eight-day period. While these limits will not change, how drivers spend their time in order to restart their on-duty time may change. The proposed modifications would require drivers to include two overnight periods (defined as midnight to 6 a.m.) before their workweek would restart.

Because the consequences of accidents involving semi trucks can be so dramatic, it is important that authorities on both the national and state levels take proactive steps to help limit the opportunities for drivers to engage in or be put in situations where negligent behaviors occur. Trucking accidents can result in expensive medical bills, the need for long-term care or rehabilitation, and lost wages from time spent recovering from injuries.

If you have been involved in a truck accident with a negligent or distracted semi truck driver, speak with an experienced personal injury attorney to discuss your options for recovering compensation to help with your bills or pain and suffering.

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