Truck driver fatigue is a state of mental and physical exhaustion that can severely impair a driver’s ability to operate their vehicle safely. Such impairment can slow a driver’s reaction time, reduce one’s ability to focus, and impair decision-making ability. With consideration to the amount of people traveling these days, along with the twist and turns of roads and traffic lights, which already make auto travel dangerous enough, we surely do not want mentally and physically impaired truck drivers on the road. This only leads to an increased likelihood of error resulting in life-altering crashes. If you or a loved one were injured by a fatigued truck driver in an Ohio accident, rely on our skilled truck accident attorneys to provide you with the guidance you need.
What Are the Major Contributors to Truck Driver Fatigue?
According to a study sponsored by the Federal Motor Carrier Safety Administration (FMCSA) 65 percent of truck drivers report they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they have actually fallen asleep while driving in the previous year.[i] In other words, a majority of truck drivers admit to driving while fatigued. Some common factors that contribute to truck driver fatigue and accidents in Ohio include:
Long Hours on the Road
Truckers are often under tight delivery schedules that result in extended shifts on the road and drivers often skip breaks they should be taking. The Department of Transportation currently allows drivers to work shifts up to 14 hours, with as many as 11 of those hours on the road. Further, the DOT requires that truckers take a 30-minute break every 8 hours.[ii] Alarmingly, trucker logs are loosely regulated as many drivers often exceed these guidelines, leading to increased fatigue and the likelihood of driver errors.
Irregular Sleep Patterns
We all know how important sleep is in preventing fatigue and drowsiness. Truckers are unlike most Americans in that they often do not adhere to a consistent sleep schedule. With constant changes in delivery destinations, routes, and times truckers often find themselves sleeping at different times of the day wherein they rarely ever get the recommended 8 hours of sleep.
Low Quality of Sleep
Between irregular sleep patterns and many drivers sleeping in the truck cab on the side of the road, a good quality of sleep can be hard to obtain. As a result, many truck drivers are constantly suffering from tiredness and grogginess, increasing the chances of a crash.
Poor Diet and Exercise
Mental and physical health is directly linked to a person’s diet and exercise. With long work shifts and constantly being on the road, truck drivers usually do not have time to exercise or find quality food. In addition, many truckers consume energy drinks that ultimately lead to caffeine crashes and fatigue.
Monotonous Driving Conditions
Long stretches of highway, especially at night, can lead to fatigue due to lack of stimulation.
Physical Strain
Sitting in a driver’s seat for hours at a time can cause physical fatigue and discomfort. In addition, many truck drivers have to assist in the loading and unloading of their cargo, which only leads to more fatigue for drivers that have likely been on the job for several hours.
Why Is Truck Driver Fatigue So Dangerous?
Truck driver fatigue is so dangerous because it increases the likelihood of dangerous driver behaviors and accidents in Ohio. Common behaviors from fatigue include drifting into other lanes, tunnel vision (loss of awareness to surroundings), lack of alertness, decreased attention and poor concentration, microsleep (falling asleep for up to five seconds), inability to process situations, and delayed reaction times. While these behaviors may seem common to most drivers on the road, the stakes are higher for truckers in vehicles weighing as much as 80,000 pounds.
According to the Federal Motor Carrier Safety Administration, there were over 150,000 crashes involving large trucks and/or buses in 2022, resulting in 6,139 fatalities.[iii] According to the FMCSA, Ohio accounted for 4,337 of these collisions, along with 219 fatalities.[iv] With this in mind, the FMCSA has estimated that an alarming 13 percent of such collisions involved truck driver fatigue as a major contributor.[v]
Unsurprisingly, the most dangerous roads for truck accidents in Ohio are major highways near metro areas such as Cincinnati, Toledo, and Columbus. Interstate 75 consistently ranks as one of the deadliest roads in the country, with Ohio being among the deadliest states. Of the cities that I-75 runs through, Cincinnati and Toledo tend to be the deadliest.[vi] Running across northern Ohio, Interstate 90, commonly referred to as the Ohio Turnpike, is another highway that has been more dangerous in recent years. With many truck drivers using I-90, there were over 11,000 accidents between 2018 and 2022. Sadly, 2024 was the deadliest year in two decades for the Ohio Turnpike. Interstate-71, particularly near Columbus, is the deadliest road in Ohio with more fatal accidents per mile than any other location in the state. Most of these deaths tend to involve a tractor-trailer.
As we know, duration and quality of sleep have a major influence on fatigue. According to a study published by the New England Journal of Medicine, it is estimated that long haul drivers average five hours of sleep a day.[vii] This is especially alarming because the AAA Foundation for Traffic Study has found that drivers who slept for less than four hours during the previous day are 11.5 times more likely to cause a crash than those who slept more than seven hours. Furthermore, drivers who slept for 4-5 hours are 4.3 times more likely to cause a crash compared to those who slept seven hours.[viii] Comparably, the National Highway Traffic Safety Administration (NHTSA) found that a driver with a blood alcohol content of 0.08% was only 3.9 times more likely to cause a crash than a driver who had not consumed any alcohol.
What Should I Do If I’m Involved in a Collision With a Tractor-Trailer?
- Get to a safe location: Many truck accidents occur on highways, so it is imperative that you get off the roadway to prevent any further danger to yourself -it is not uncommon for inattentive drivers to crash into the wrecked vehicles.
- CALL 9-1-1: Even if it seems like injuries are minor, you should always contact emergency services, as the adrenaline from a crash can often mask more serious injuries. In addition to medical services, it is important for law enforcement to investigate and document the crash.
- Gather information yourself: If possible, obtain the contact information of the other parties involved, and take photographs of the vehicles involved and any injuries sustained. No need to worry if you are unable to gather all this information, it is the duty of the responding officers to obtain it as well.
- Obtain a police report: Following their investigation, responding officers will create a formal crash report that lists all of the essential information pertaining to your collision. This information includes the location, date, and time of the crash, the parties involved, insurance information for those involved, a diagram of the damage caused and of the collision, and if any party was given a citation. Typically with truck crashes, responding officers will also create a special report for the Department of Transportation that has more detailed information as well.
- Call the insurance company: When safe to do so, it is important to make a claim with your insurance company, as many policies require you to make a claim within a few days on the incident. In addition, it is important your insurance company understands what happened so they can work on your behalf.
- Beware calling the truck’s insurance company: When it comes to the insurance company of the tractor-trailer, we recommend you allow an experienced Ohio truck driver attorney to establish communication. The insurance company of the trucking company will often attempt to make a recorded statement with you, which they may use against you in the future. Furthermore, many insurance companies will attempt to settle with you for amounts worth far less than your claim’s true value, especially because they often try to settle before you have even had time to treat back to health.
- Contact an experienced Ohio fatigued truck driver accident attorney at Charles E. Boyk Law Offices: The Boyk Law team has attorneys with extensive experience and training in trucking cases. As mentioned, the insurance companies of tractor-trailers will do whatever is necessary to limit your ability to recover what you deserve. We are here to guide you 24/7, so do not hesitate to reach out to us to discuss your legal options with an Ohio truck accident lawyer.
Who Is Responsible for a Collision Caused By a Fatigued Truck Driver?
Generally, all trucking companies are insured by an insurance company, perhaps even by the one that insures your own personal vehicle. In the event of a crash, the insurance company is responsible for handling and settling the claim. As previously discussed, these insurance companies will go to great lengths to ensure you get as little compensation as possible. While this is an unfortunate reality, an experienced truck collision attorney can make all the difference!
With an accident case involving a fatigued Ohio truck driver, in addition to pursuing a recovery from the insurance carrier, it is also possible to recover from the trucking company itself as well. Prior stated, the Department of Transportation has strict guidelines on the number of hours truck drivers can work generally and how much time they can spend on the roads. Where it can be shown that the truck driver was fatigued due to the trucking company encouraging its drivers to disregard the laws, such as having drivers stay on the road more than 11 hours or to skip breaks, you may have a lawsuit against the company as well. Furthermore, if you can prove that the driver himself completely disregarded the guidelines, you could have a case against the trucking company under the theory of vicarious liability.
Proving liability against a trucking company is much easier for an experienced Ohio truck accident attorney. Trucking accident lawyers are often better equipped to subpoena the trucking companies for evidence such as driver logs to prove a driver skipped his legally required breaks and/or stayed on the road longer than allowed. In addition, an experienced Ohio fatigued truck driver attorney is often better equipped to prove a trucking company encouraged its drivers to disregard the law, whether it be from obtaining internal company correspondence suggesting such testimony during a deposition of the driver. Moreover, law firms have the ability to obtain the medical records of the truck driver, which could show the driver had pre-existing conditions making it more likely for that driver to be fatigued on the road. Lastly, experienced Ohio trucking accident law firms, such as the Boyk Law Offices, are generally more able to obtain any dashcam footage that could show the driver was fatigued in the events leading to the collision.
How Much Is My Case Worth?
Those who have been injured and significantly impacted by a crash caused by a fatigued Ohio truck driver are often most concerned with the value of their case, and rightfully so. Unfortunately, there is no exact science to valuing a case, as there are many factors that contribute to the overall value of a case, not to mention every case truly is different. Factors considered in valuing a case include:
- Medical bills
- Physical injuries sustained
- Pain and suffering
- Emotional distress
- Psychological injuries
- Scars and disfigurements
- Loss of physical or mental functioning
- The insurance company involved
- The policy limits of the parties involved
- The jurisdiction (that is, where a lawsuit would be filed)
- Loss of income
- Loss of earning potential
- Wrongful death: This means filing a lawsuit for someone who has lost their life as a result of the accident. In these cases, you can seek compensation for their conscious pain prior to their death, the family’s loss of companionship, as well as financial losses.
- Punitive nature: Where the at-fault driver acted recklessly and with disregard to the lives’ of others, punitive damages can be added to the total settlement. These damages are designed to punish the at-fault and dissuade others from such conduct. Punitive damages could be an important factor in a case involving a fatigued truck driver.
At Charles Boyk Law, our team understands that a trucking accident causes a lot of peoples’ lives to turn up-side-down—some people can’t work, have to undergo surgery, are left with a stack of medical bills, and some even lose their life. After learning more about your specific case, our trucking collision attorneys can evaluate your case to help you understand the factors that will add value to your case. Our dedicated truck driver accident attorneys will always fight for well-beyond what we believe is a fair settlement offer.
In addition to securing the highest possible settlement offer, our team performs a number of other services to ensure you receive the most amount of money in your pocket. Often this includes negotiating with healthcare providers or other companies to lower the cost of your outstanding medical bills or any liens, such as health insurance or short-term disability liens. At the end of the day, you’re the one who was injured, so you should be receiving the majority of the settlement money. Our team works hard to make that happen.
How Much Does A Trucking Accident Attorney Cost?
At Charles Boyk Law Offices, our Ohio fatigued trucking accident lawyers don’t charge you anything unless we are able to secure a recovery, so there is no out-of-pocket cost to you until a settlement check is in the mail. You will not be asked to pay a retainer or any other up-front cost. Our team works on a contingency fee basis, which means if we are unsuccessful, you owe us nothing. At your free consultation with an experienced fatigued truck driver accident attorney you will be provided with our fee agreement confirming this. If you have any questions or concerns, please reach out to one of our experienced trucking accident attorneys today!
Call the Charles E. Boyk Law Offices in Ohio to Discuss Your Fatigued Trucking Accident Today
If you or a loved one has been injured as a result of a fatigued truck driver accident in Ohio, talk to an attorney at Charles Boyk Law today; time is of the essence! The longer you wait, the easier it will be for the trucking company’s insurance carrier to fight your claim and diminish its value. With decades of legal experience, the truck accident attorneys at Charles Boyk Law have had great success in fighting and taking down the big insurance and trucking companies, and have secured justice for many injured parties. If you are unsure whether you have a case worth pursuing, contact our office and schedule a free consultation with our Ohio truck accident lawyers, either over the phone or in person, to discuss what your legal options are. Allow us the privilege of making you and your family whole again.
