Marsh, Rickard, & Bryan, P.C. is dedicated to serving our clients' needs quickly and capably. If you've been injured in a trucking accident as the result of a driver's mental fatigue, we have the skill and experience to prove your claim through in-depth investigation. Contact our offices today for more information and a free initial consultation.

Driver Fatigue: The Regulations

Because semi-trucks are such a potential danger on the road, there are strict regulations that dictate how they must be operated. Trucking regulations unequivocally state that "No driver shall operate a commercial motor vehicle… while [his or her] ability or alertness is so impaired…through fatigue, illness, or any other cause, as to make it unsafe…to operate the commercial motor vehicle" (C.F.R. 49 Sec. 392.3).

In order to ensure that the driver doesn't become too fatigued to safely control the vehicle, they are only allowed to work for 10 consecutive hours, after which they must take a break of at least 8 hours. After the 8 hour break they can work another 5 hours, for a total maximum of 15 hours per 24 hour day. To prove that they are following these rules, they are also required to keep log books documenting where, when, and how long they drove to deliver a load.

When Regulations are Ignored…

Unfortunately, it is often in the driver's financial interest to break these rules. In addition, it is often in the employer's financial interest to look the other way, or to turn a blind eye when log book numbers are tampered with and drivers spend too many hours out on the road. These over-long shifts can lead quickly to a driver's mental fatigue, driver error, and a highly dangerous car wreck.

By obtaining a copy of the log books, however, our attorneys may be able to either prove how long the driver was out on the road, or possibly prove that the numbers in the book are false. Often, this can lead to a charge of negligent supervision against the employer.

Contact Marsh, Rickard, & Bryan, P.C. today for more information.

Marsh, Rickard & Bryan, P.C.
Suite 600-D
800 Shades Creek Parkway
Birmingham, AL 35209
Email Us
Phone: (205) 879-1981
Fax: (205) 879-1986

At Marsh, Rickard, & Bryan, P.C., in Birmingham, Alabama, we represent clients injured in trucking and motor vehicle accidents along any public roadway, including I-20, I-59, I-65, and I-85 in any county, including Jefferson, Shelby, Chilton, Cullman, Calhoun, Tuscaloosa, Montgomery, Marion, Talladega, Etowah, Colbert, and Tallapoosa, and any city, such as Huntsville, Montgomery, Tuscaloosa, Athens, Decatur, Alexander City, Talladega, Anniston, Gadsden, Florence, Marion, Oneonta, Moulton, and the Quad Cities.