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Impaired Commercial Drivers Deadly to Florida Motorists
Semi operators and other commercial drivers can be deadly when drowsy or intoxicated. Learn about the problem, what the government is doing, and what to do if you have been part of a trucking accident.
November 17, 2011 /Womens Interest PR News/ -- For any motorist, driving under the influence of alcohol or drugs or without sufficient sleep can have disastrous results. However, drowsy or intoxicated truckers and other drivers of large commercial vehicles pose a unique safety threat, as serious consequences of accidents caused by these types of vehicles are far more likely to gravely impact passengers in other autos: only about ten percent of those killed annually in truck accidents are drivers or passengers in the truck.
A Roadway Hazard
According to U.S. Department of Transportation figures, there were approximately 11,500 Florida motor vehicle accidents in 2008 involving medium or heavy trucks or tractor-trailers. More than half resulted in serious injuries.
Across the U.S., over half a million large trucks and other commercial vehicles were involved in crashes in 2010. Deaths resulting from these incidents were up in 2010 compared to 2009, and with a 20 percent increase of trucks on the road expected by 2012 -- a drop in the numbers is unlikely.
Driving In an Altered State
The Federal Motor Carrier Safety Administration reported that two percent of large commercial vehicle operators involved in fatal crashes in 2008 were over the legal limit for blood alcohol concentration; three percent had ingested at least some alcohol. These intoxicated drivers are in control of vehicles weighing tens of thousands of pounds - all while sharing Florida's roadways with other tourists.
Driver fatigue can be equally as deadly as drunk driving: fatigue impairs reaction time, judgment, vision, and informational processing. The National Highway Traffic Safety Administration reports that some 1,500 deaths stem from drowsy driving each year. In total, 16.5 percent of all motor vehicle accidents are believed to be attributable to sleepy drivers.
Government Initiatives
Both federal and state authorities have taken actions to curb drunk and tired driving.
Of course, Florida law prohibits driving under the influence of alcohol or other drugs. But, there are special provisions targeting impaired operators of semis and other large vehicles. While driving with a blood alcohol concentration of .08 or over will land anyone in trouble with the law, professional commercial drivers are held to a higher standard. For them, operating a vehicle with a blood alcohol level over .04 is against the law, and constitutes drunk driving in Florida.
Federal authorities have also instituted measures specifically targeted at reducing impaired driving by commercial operators: Title 49, Part 382 of the Code of Federal Regulations sets out driver drug and alcohol testing requirements for commercial vehicle employers. Before beginning employment, drivers must submit to testing for controlled substances (drugs). Employers may either conduct testing themselves, or take steps to ensure testing has been completed through some outside agency.
Furthermore, random testing is required during drivers' terms of employment. Each year, at least 10 percent of drivers at a given company must be randomly tested for alcohol just before, after, or during the performance of job duties. Random tests for controlled substances must be administered to half of the drivers annually.
Additional testing may be conducted based on reasonable suspicion of intoxication (such as the observation of slurred speech, withdrawal signs, or other typical signs of impairment), following a return to normal job duties after an extended absence, or as a follow-up to previous tests. Anyone holding a commercial driver's license is deemed to consent to such legally required testing.
There are a number of laws in place to deter intoxicated driving by truck drivers, but what about fatigued driving? Truckers must maintain logbooks that detail their hours spent on the road, for breaks, etc., and they are legally proscribed from driving without adequate rest. For example, after driving for a total of 11 hours in a daily work period, interstate truckers are required to wait at least 10 hours before getting back behind the wheel.
Getting drowsy, however, is not something that can always be prevented by requiring breaks. In Florida, a new law enacted in 2010 designates the first week of September as Drowsy Driver Awareness week. Educational campaigns and improved reporting practices regarding drivers' sleep deprivation are hoped to help foster safer Florida roads.
Technology is also leading to new ways to monitor driver compliance with sleep and break requirements. Electronic on-board recording (EOBR) devices can be used to track semi drivers' hours of service. Unlike information in a traditional driver log, EOBR data is difficult to falsify, and a heightened level of electronic monitoring could ensure truckers are actually complying with work period limitations. Currently, the Federal Motor Carrier Safety Administration allows, but does not require, employers to use EOBR units to guarantee driver compliance. Mandating EOBR may be a future step taken by the government to address drowsy commercial drivers.
If You Have Been In an Accident
If you or a loved one has been involved in a crash with a commercial vehicle, contact a personal injury attorney. Commercial drivers operating their vehicles under the influence of alcohol or drugs or while in a fatigued state, as well as their employers, may be liable for any injury they cause.
Often, drowsiness or impairment is not evident at the scene of an accident, or is not properly recorded. Your attorney will be able to launch a thorough investigation and help uncover all the facts behind the cause of your injury.
If serious injury or death brought on by a commercial driver has impacted your life, get in touch with an Orlando personal injury attorney today. With the right help, you can hold irresponsible drivers accountable, and recover the monetary award you deserve.
Article provided by The Law Office of Scott M. Miller
Visit us at www.scottmillerlawgroup.com
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