NTSB Says Driver Fatigue at the Root of Fatal Oklahoma Truck Wreck

Image by C.P.Storm via FlickrThe National Transportation Safety Board has determined that driver fatigue stemming from acute sleep loss was to blame in a multi-vehicle crash that claimed 10 lives in Oklahoma last year.

On June 26, 2009, a truck driven by Donald L. Creed, 76, of Willard, Mo., plowed into a line of stopped vehicles on I-44 about 90 miles east of Tulsa, killing 10 vehicle occupants and injuring six others, including himself.

Federal investigators say the driver was suffering from fatigue caused by circadian disruption associated with the driver's work schedule. The NTSB says Creed likely had less than five hours of sleep prior to beginning his work shift at 3 a.m. At the time of the crash, he had been on the road for more than 10 hours. Creed, who suffers from mild sleep apnea, failed to react to slowing and stopped traffic. He never applied brakes or performed any evasive maneuvers to avoid colliding with the traffic queue, the NTSB noted in its crash report, released Tuesday.

Among factors cited by NTSB as contributing to the severity of the crash are the truck's high impact speed and its structural incompatibility with passenger vehicles. It was traveling at 69 mph in a 75-mph area.

Investigators identified several major safety issues associated with this crash, and has issued recommendations intended to prevent future occurrences, and to improve future crash investigations.

Among them:

* The need for updated and comprehensive fatigue education materials and fatigue management programs;

* The need for a better understanding of the significance of heavy vehicle collision forces in crashes with smaller vehicles.

* Mandate the installation of electronic and video event recorders on commercial motor vehicles over 10,000 pounds and set performance standards for those devices.

The NTSB also reiterated previous recommendations to develop standards and require deployment of collision warning systems on new commercial vehicles, to require energy-absorbing under-ride protection for trucks, and to develop technologies to reduce fatigue-related accidents. In total, the NTSB issued nine new and six reiterated safety recommendations with this report.

http://www.truckinginfo.com/news/news-detail.asp?news_id=71776

Georgia Trucking Lawyer: Trucking Regulations Impacted in 18 Wheeler Wrecks

In many of the cases we have investigated, one of more of several federal regulations come into play when determining if a truck driver failed to abide by the rule of the road.

The information below summarized the provisions that are more common in truck accident litigation.

49 C.F.R. § 382 - Controlled Substances and Alcohol Use and Testing

The purpose of this section is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment because of the use of alcohol or drugs by commercial vehicle drivers. This provision applies to all drivers of commercial vehicles in the US and their employers, with some limited exceptions. Drivers who are required to have a commercial drivers license (CDL) under Section 383 must be tested if they drive a vehicle that weighs more than 26,000 pounds, has a gross vehicle range of over 26,000 pounds, is designed to carry 16 or more passengers (including the driver) or is used to carry hazardous materials.
49 C.F.R. § 383 - Commercial Driver's License Standards; Requirements and Penalties

By requiring drivers of certain vehicles to obtain a commercial drivers license (CDL), this provision aims to reduce or prevent truck accidents. With a few exceptions, drivers must have a CDL if they drive a vehicle of more than 26,000 pounds, transport themselves and 15 or more passengers or carry hazardous materials. Drivers must be knowledgeable about the various procedures that ensure safe operation of vehicles and be told about the negative effects of driving while fatigued, poor vision, alcohol or drug use and improper use of the truck's lights, horns, mirrors and other emergency equipment.
49 C.F.R. § 391 - Qualification of Drivers

If a driver operates a tractor trailer or other commercial vehicle that weighs over 10,000 pounds, carries 16 or more passengers or transports hazardous materials, he or she must comply with certain regulations. Truck drivers must be at least 21 years old, speak English, be physically able to safely operate a truck, have a valid CDL and must not have been disqualified for driving while under the influence of alcohol or drugs, committing a felony, leaving the scene of an accident, refusing to take an alcohol test or any other reason.
49 C.F.R. § 392 - Driving of Commercial Motor Vehicles

A truck driver, the trucking company and all other people responsible for the management, maintenance, operation or driving of any commercial motor vehicles or the hiring, supervision, training or dispatching of drivers must comply with federal regulations in order to operate a tractor trailer, tanker, straight truck or other commercial vehicle in interstate travel. Drivers must not drive while sick or tired and may not use illegal drugs. Drivers must obey traffic laws, load cargo safely, perform periodic inspections and drive cautiously in hazardous conditions. Drivers must be able to stop the vehicle before reaching railroad tracks, must stop when carrying hazardous materials or a trailer and must not shift while crossing railroad tracks.

49 C.F.R. § 393 - Parts and Accessories Necessary for Safe Operation

The purpose of this section is to make sure that no employee or employer of a commercial motor vehicle company drives a truck or allows one to be driven unless the truck complies with the requirements in this section. There are specific regulations dealing with lighting devices and reflectors, brakes, brake performance, tires, emergency equipment, protection against shifting or falling cargo, securement systems blocking and bracing, front-end structure, frames, doors, hood, seats, bumpers, wheels and steering wheel systems.

49 C.F.R. § 395 - Hours of Service of Drivers

This section has a number of restrictions related to the hours that a driver is permitted to drive. A driver is not allowed to drive more than 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty. A motor carrier cannot require a driver to drive for any period after having been on duty 60 hours in any 7 consecutive days. Further, a driver cannot drive if he has been on duty 70 hours in any period of 8 consecutive days if the motor carrier operates trucks every day of the week. There are also regulations regarding time spent driving in hazardous weather conditions.

From the time a driver begins to work until the driver is relieved of all responsibility for work is known as "on duty" time. On-duty time includes:

* Time spent at a loading or unloading facility, or on any property waiting to be dispatched
* Time involved during the inspection process
* Driving time
* All non-driving time spent in a commercial vehicle (except for time spent resting in the sleeper)
* Time spent repairing the vehicle or obtaining help to repair it
* Miscellaneous time, for example, for travel time for taking a drug or alcohol test
* Time performing any work in the employment of a common or private motor carrier
* Time spent performing any compensated work for a non-motor carrier business

49 C.F.R. § 396 - Inspection, Repair and Maintenance

This section applies to drivers of commercial vehicles that carry more than 15 people, weigh over 10,000 pounds or transport hazardous materials. It also applies to all motor carriers, officers, agents, representatives and employees directly concerned with the inspection and maintenance of those vehicles. The motor carrier is responsible for ensuring that all parts are in proper working condition and must maintain and keep repair and inspection records. A driver is not permitted to operate a vehicle that is likely to break down or cause an accident. Drivers must inspect their trucks at the start of each day and report any defects.
49 C.F.R. § 397 - Transportation of Hazardous Materials

These provisions apply to drivers of commercial motor vehicles that transport hazardous materials. They also apply to motor carriers who are involved with transporting hazardous materials and employees of these carriers who perform supervisory duties related to the transportation of hazardous materials. With certain exceptions, the driver of a commercial motor vehicle that is carrying explosives cannot leave the vehicle unattended. There are also restrictions about where a driver carrying explosive materials can park. Smoking is not allowed within 25 feet of a truck containing explosives or flammable materials.