Fatigue Likely a Cause in Serious Truck Accident That Killed 10
76 year-old truck driver Donald Creed was charged with 10 counts of involuntary manslaughter for a serious truck crash which occurred just west of the Missouri state line on Highway 44. The June 26, 2009 fatal truck accident was a scene of overall devastation, when the 26,000+ pound tractor-trailer plowed through several passenger cars that were slowing down in traffic. Prosecutors state that Creed never even hit the brakes of the truck, he basically was a bowling ball pushing through the pins.
The relationship between truck driver fatigue and the danger it presents to other motorists is well-documented and discussed. The Federal Motor Carrier Safety Administration (FMCSA) has promulgated regulations in an effort to curb fatigued driving. Certainly when a truck driver fails to even touch his brakes in slowing traffic is an indication of driver fatigue. The FMCSA places a duty on both the truck driver and trucking company to not require or permit a driver to operate a tractor-trailer while the driver's ability or alertness is impaired, or is likely to become impaired, through fatigue, illness, or any other cause. (49 C.F.R. 395). One way a truck driver can become fatigued is by violating the Hours of Service permitted by the FMCSA which limits truck driver "on-duty driving time" to 11 hours within a 24 hour period.
In one recent court decision it was noted that fatigue is the probable primary cause of 41% of studied accidents, while alcohol impairment was involved in only 4% of studied truck accidents. A second opinion found an "over-risk" of involvement in truck accidents when truck drivers operate their rigs for 10 consecutive hours or more.
If you have been injured to the negligent conduct of a fatigued truck driver, contact a Missouri truck accident injury lawyer to discuss the aspects of how to best preserve and prosecute a civil claim for damages. Fatigue truck crash cases are extremely complicated to handle, as they implicate both federal and state laws.
The relationship between truck driver fatigue and the danger it presents to other motorists is well-documented and discussed. The Federal Motor Carrier Safety Administration (FMCSA) has promulgated regulations in an effort to curb fatigued driving. Certainly when a truck driver fails to even touch his brakes in slowing traffic is an indication of driver fatigue. The FMCSA places a duty on both the truck driver and trucking company to not require or permit a driver to operate a tractor-trailer while the driver's ability or alertness is impaired, or is likely to become impaired, through fatigue, illness, or any other cause. (49 C.F.R. 395). One way a truck driver can become fatigued is by violating the Hours of Service permitted by the FMCSA which limits truck driver "on-duty driving time" to 11 hours within a 24 hour period.
In one recent court decision it was noted that fatigue is the probable primary cause of 41% of studied accidents, while alcohol impairment was involved in only 4% of studied truck accidents. A second opinion found an "over-risk" of involvement in truck accidents when truck drivers operate their rigs for 10 consecutive hours or more.
If you have been injured to the negligent conduct of a fatigued truck driver, contact a Missouri truck accident injury lawyer to discuss the aspects of how to best preserve and prosecute a civil claim for damages. Fatigue truck crash cases are extremely complicated to handle, as they implicate both federal and state laws.
