FMCSA to Revise Rule that Allows Truckers to Drive for 11 Straight Hours

Bowing to pressure from trucking safety groups and labor unions, the Federal Motor Carrier Safety Administration has taken a decision that New Jersey truck accident lawyers have been waiting for.  The agency has agreed to revise the rule that extended the number of hours that a trucker can drive at a stretch, to 11 hours in a shift.

The Bush Administration in its last days, reinstated a rule allowing truckers to drive for 11 consecutive hours, increased from the earlier 10. That rule also cut down the number of rest hours that a trucker could expect, increasing the overall number of hours a trucker could spend driving each week, by 25 percent.

Trucking safety groups had opposed the rule and challenged it, because the administration failed to take into consideration the accident risks from allowing truckers to drive an extra hour per shift.  Earlier this week, the Federal Motor Carrier Safety Administration finally reached an agreement with these groups. The agency has agreed to revise the rule within the next 9 months. 

Reducing the number of hours that a trucker can drive is important not just for the health and safety of truckers, but also the safety of motorists who share the highways in New Jersey with these large trucks every day.

Every year, an approximate 5,000 lives are lost in trucking accidents, many of which involve fatigued drivers sleeping at the wheel. Ask trucking unions, and they will tell you how truckers these days are under tremendous pressure to drive more hours, which ultimately increases profits for the employer. A trucker who is tired and drowsy and not at his sharpest and most alert behind the wheel, is a danger not just to himself, but also to other motorists. As a New Jersey truck accident lawyer, I would like to applaud the efforts of Public Citizen, and the Teamsters union that were responsible for getting the FMCSA to agree to revise this dangerous rule.

 

Edison Resident Dies in Truck Accident Caused by Improper Parking

Improper parking by commercial trucks on highway shoulders and other areas is a less frequent, but important cause of accidents in New Jersey. In a tragic example of this, an Edison man was killed in a fatal truck accident on Interstate 78, when his car struck a parked tractor trailer.

Jose Rodriguez was driving a passenger vehicle when he apparently lost control of the car, and crashed it into a tractor trailer that was parked on the right highway shoulder. Rodriguez's car bust into flames on impact. He suffered severe head trauma and died.

According to the NHTSA, there are several reasons why drivers may have to park their vehicle on the highway shoulder. The driver may have to pull over if the vehicle suffers from a mechanical failure. Truckers who have been working long hours and need a break may feel the need to pull over to take a rest break. There may be other reasons for the driver parking his vehicle in such a manner. For instance, some of these trucks may need to make early morning deliveries, and when they reach the delivery site earlier, may have to park the vehicle till the site opens. Alcohol use by the driver is also linked to a large number of such accidents. It’s not surprising that most truck accidents linked to improper parking occur between midnight and 6 in the morning. This particular accident occurred just after 6 in the morning.

Interstate 78 and 287 saw five fatalities in 1994, in accidents involving cars crashing into trucks parked on the shoulder. Following that, rumble strips were installed to alert drivers in danger of veering off the road. The Department of Transportation has considered proposals to install rest stops on both 78 and 287, but opposition from locals has put the speed breakers on these plans. Monmouth County truck accident lawyers see such accidents less frequently than other kinds of accidents. But these are still a significant factor in crashes, which is why we should be more concerned about them.