According to the National Highway Traffic Safety Administration, more than 100,000 crashes, 40,000 injuries and 1,550 fatalities are caused by drowsy driving each year, making it one of the leading causes of crashes and fatalities. However, research indicates that these numbers are too low because there is rarely a way to identify sleepiness or fatigue as the cause of a trucking accident. The U.S. Department of Transportation states that 13 percent of all truck crashes may be fatigue related.

To lower the risks associated with long hours behind the wheel and insufficient rest periods, last year the Federal Motor Carrier Safety Administration (FMCSA) put a law into effect lowering the number of hours a trucker may work in a week. After reaching 70 hours, a driver must have a 34-hour rest period. In addition, drivers are limited to 11 hours on the road each day with a 30-minute break. At least two rest periods must be taken during the week between 1 a.m. and 5 a.m. The law has had much opposition from trucking companies.

Companies oppose shorter workweeks

The law created a detrimental effect on the trucking industry’s profits. Companies immediately had a 15 percent loss on the amount of man-hours their employees could provide. Representatives from many companies have argued that these laws reduce productivity and increase traffic during peak hours, raising the risk of a trucking accident increase while reducing the flexibility they and their drivers need to succeed. Industry leaders also contend that federal sleep rules are impractical, and that drivers cannot be forced to rest at certain times.

While the law is an attempt to improve traffic safety and the health of truckers, it is effectively reducing the amount of money they can earn, opponents say. Most companies pay their drivers by the mile rather than the hour, placing the burden of road delays on the employees. Even when the employer policy follows the letter of the law, the pay schedule discourages drivers from following it.

Employers pressure lawmakers to disregard safety risks

The unpopularity of the law has led to a proposal currently under consideration that would put a hold on the 34-hour rest period. If this rider goes into effect, truckers will be able to work more than 82 hours per week again, even though studies have confirmed that safety is compromised when truckers drive at night and take only one night of recovery per week.

Employers who pressure drivers to break the law may be held responsible if there is proof that a trucker’s fatigue caused a trucking accident. A victim of a motor vehicle crash often sustains a whiplash injury, even in minor crashes. A personal injury attorney can work to hold all responsible parties accountable.