FMCSA’s Fatigued Truck Driver Regulation Woes Continue
Bureaucrats at the Federal Motor Carrier Safety Administration added four more electronic logging devices to the naughty list, on the grounds that they failed to meet minimum requirements.
The revoked devices are the CTE-LOG ELD, ELD VOLT, Powertrucks ELD and TFM ELDs. The ELDs can be placed back on the registered device list if the companies correct identified deficiencies, the agency said.
Truck Driver Fatigue
Most transportation and shipping companies pay drivers by the load, not by the hour. Additionally, insurance and other costs are so high for owner-operators that they have very narrow profit margins. So, an on-time delivery bonus could be the difference between losing money and making money on a particular run.
If claiming that bonus causes truckers to stay behind the wheel while they’re dangerously fatigued, many truckers are willing to take that risk. The FMCSA has repeatedly rolled back, or outright eliminated, many HOS (hours of service) regulations. Frequently, because of these relaxations, field officers don’t strictly enforce the rules which remain in the books. They reason that if the FMCSA doesn’t think fatigue is important, they shouldn’t think otherwise.
However, fatigue is a big deal. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for commercial drivers in Texas.
Furthermore, fatigue has indirect effects. Many truckers admit they use amphetamines to stay awake behind the wheel. These drugs help drivers feel more alert. But they don’t address the underlying effects of fatigues, such as poor judgment and impaired motor skills. If anything, amphetamines cause further impairment in these areas.
This drug use has another dark side. When these drugs wear off, the user typically crashes fast and hard.
Fatigue breaches the duty of care for commercial drivers in Texas. If a lack of care causes injury, a Sugar Land truck accident lawyer can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Electronic Evidence in Truck Crash Cases
The trucking industry fought the ELD mandate all the way to the Supreme Court. Their lawyers knew the game-changing effect that these gadgets have for a Missouri City personal injury lawyer.
In the before times, truckers used paper logs, which were easy to fake, to record HOS. An ELD is a computer that’s connected to the truck’s engine. So, when the truck is in motion, the ELD clock is running. No computer is hack-proof, but an ELD is about as hack-proof as they come.
As a result, ELD evidence is almost bulletproof in court. Furthermore, this evidence resonates well with tech-savvy Harris County jurors. In fact, to many people, electronic evidence is far more compelling than any other kind of evidence.
A large truck ELD is a very sophisticated vehicle. A lawyer needs the proper tools to access and download the information these computers contain. Furthermore, this evidence is only admissible if a Missouri City personal injury lawyer proves the gadget was in good, working order.
Other electronic evidence in truck crash cases includes the Event Data Recorder. EDRs resemble the black box flight data recorders on commercial jets. Large truck EDRs are very sturdy devices which survive the most devastating crashes.
Work With a Dedicated Harris County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. Virtual, home, and hospital visits are available.
Source:
fmcsa.dot.gov/newsroom/fmcsa-removes-four-devices-list-registered-elds-0
