Call us 24/7 877-670-2421

Truckers Hate New ELD Automation, But Drowsy Drivers Cause Fatal Crashes

Daylight Savings Time began this week in Indiana and Illinois, something NASA credits Benjamin Franklin for dreaming up, but which became the law of the land through federal regulation and state adoption of the process.

Across the country, there are news stories and media warnings about how “springing forward” in time this week will mean lots of drowsy drivers on the roads.  Motorists will be sleepy behind the wheel from the hour they’ve lost.

We’re being warned to expect an increase in drowsy driving for the next few weeks, as people adjust to the time change.  Drowsy driving is a legitimate concern for traffic safety; drivers who are fatigued or tired can cause accidents that can be fatal.  

For more, read:  Drowsy Driving and the Risk of Fatal Traffic Accidents in Indiana and Illinois.

Drowsy driving for truck drivers is an even more serious concern and safety risk. 

Hours of Service (HOS) Regulations to Combat Drowsy Driving in Truckers

It’s undisputed that truck drivers are more likely to die in a traffic accident while on the job, as well as others involved in the truck crash.  Research supports the argument that truckers who are fatigued or exhausted are more likely to lose control of their rigs and cause an accident.

See:

Long-haul trucking is notorious for having drivers who suffer from inadequate sleep.  The long-distance trucker is paid by the mile, not by the hour, so there is a profit incentive to keep driving.The truck driver is also under pressure to meet his delivery deadlines.

Fatigue impacts anyone’s work performance.  When fatigue influences the performance of someone driving a heavy big-rig, 18-wheeler, tractor-trailer, or semi-truck, the results can be catastrophic.

Accordingly, the federal government has enacted laws and regulations designed to insure that truck drivers get necessary sleep breaks and rest periods while on the job.  These include the “Hours of Service” regulations.

Automated Tracking of HOS: Truckers Challenge Mandated Use of ELDs

Beginning in December 2017, enforcement of these regulations includes the compulsory use of “Electronic Logging Devices” (ELDs) to automatically track the truck driver’s time behind the wheel.

ELDs became legally required in December 2017, pursuant to a regulation passed by the Federal Motor Carrier Safety Administration’s (FMCSA). See,  December 2017 Federal ELD Rule and Fatal Truck Crashes.

Less than three months into the new compliance year, truck drivers are frustrated and incensed about how things are going.  So much so, they’re writing Congress for help.

OOIDA Wants Congress to Stop FMCSA’s ELD Requirement

Not every truck driver works for a big trucking company.  There are small business owners that own their own rigs, or a small fleet of commercial trucks.  They make up the Owner-Operator Independent Drivers Association (OOIDA).

The OOIDA has tired of trying to get help from the federal agency FMCSA and has gone directly to Congress to try and halt the federal law that currently requires truckers to have automatic tallies of their time logs.

Read the full letter sent to Congress on March 1, 2018, by OOIDA.

The independent truckers have several reasons for blocking enforcement of the current Electronic Logging Devices Regulation.  They include:

  1. There is national confusion on how the ELD Regulation is to be enforced. Already, there is a “patchwork” of waivers, exemptions, and “soft enforcement” deadlines issued by FMCSA.
  2. Trucking industry representatives as well as drivers in the OOIDA warned FMCSA that not only the industry but law enforcement and the agency itself was not ready for implementation for the ELD Regulation.
  3. Problems are escalating. There are routine reports of issues involving individual devices; several vendor-wide systems failures; faulty GPS tracking; inaccurate recording of duty statuses; engine disablements; speed irregularities,; and abysmal customer service from manufacturers.
  4. FMCSA is not taking responsibility for the calamity. Instead, FMCSA is pointing the finger at ELD manufacturers and suppliers to fix the equipment.

From OOIDA President Todd Spencer:

“All of this points to our conclusion that Congress should really avoid enacting one-size-fits-all mandates such as this on industries as diverse as trucking.”

Drowsy Driving Truck Drivers and Fatal Truck Crashes in Indiana and Illinois

No one wants a fatal truck accident, where the truck driver is killed along with other drivers and passengers in the collision.  Still, professionals in the trucking industry are understandably frustrated about logging devices designed for safety that are interfering with the trucker’s ability to do his job.

Federal HOS regulations are designed for the protection of the truck driver as well as those who share the roadways with these huge and heavy vehicles.  The ELDs are automated technology intended to enforce HOS regulations for the benefit of the trucker.

All big rigs and semi-trucks are monoliths whose weight alone can cause a fatal crash in what otherwise might be a minor rear-end collision, for instance.  When cargo involves toxic chemicals or heavy loads, the potential for multiple deaths exponentially increases.

The sad truth is that drowsy driving fatalities are particularly tragic because they are so easily prevented.  Drivers behind the wheel of a big rig or semi-truck driving drowsy are risking their lives, as well as those of any innocent victims who might perish alongside them in a fatal truck crash.

Today, truck drivers are under extreme pressure to keep truckin’ and get that load to its destination.  These automated logging devices are there to help keep that truck driver safe.  If the devices are failing, then efforts must be made to get things fixed as soon as possible.  Lives literally depend upon it. 

There are few tragedies as heart-wrenching and horrific as a serious and fatal truck crash.  Here in the “Crossroads of America,” those living and working in Illinois and driving the roadways of Indiana are particularly vulnerable to the danger of a deadly truck accident. Please be careful out there!

 

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

    Our
    Locations

    Nearest Office View All Locations
    Allen Law Building
    501 Allen Court, Chesterton, IN
    (219) 465-6292
    Capital Center
    201 N. Illinois Street, Indianapolis, IN
    (317) 842-6926
    Chicago Loop Office
    77 W. Wacker Dr. Suite 4500
    (312) 236-6292
    Justice Center
    3700 E. Lincoln Highway, Merrillville, IN
    (219) 736-6292
    Regency Office Suites
    10062 W. 190th Place, Mokena, IL
    (815) 725-6292
    Orland Park Executive Tower
    15255 S. 94th Avenue, Orland Park, IL
    (708) 460-6292

    New Coffee Creek Location

    501 Allen Court, Chesterton IN 46304

    Render of new Ken Allen Law Group location in Coffee Creek
    Render of new Ken Allen Law Group location in Coffee Creek