We do it all the time in this business. .
http://chicago.cbslocal.com/2015/04...to-3-years-in-prison-for-fatal-tollway-crash/
http://chicago.cbslocal.com/2015/04...to-3-years-in-prison-for-fatal-tollway-crash/
3 years in prison for driving fatigued
- Thread starter asjssl
- Start date
paullud
Veteran Expediter
“The message that is being sent is if you are to kill somebody, do it with a semi-truck and just say you fell asleep, he said."
I'm not sure why he would think that the idea would be to say that you fell asleep. The sentence is actually pretty strong given the way many traffic deaths are handled. There needs to be a stricter standard applied to all vehicles and it seems like the charges would just be brought up as manslaughter. It's really something for drivers to consider that push things further than they should. It's not worth a life.
I'm not sure why he would think that the idea would be to say that you fell asleep. The sentence is actually pretty strong given the way many traffic deaths are handled. There needs to be a stricter standard applied to all vehicles and it seems like the charges would just be brought up as manslaughter. It's really something for drivers to consider that push things further than they should. It's not worth a life.
we all "I think" push ourselves at times....and that is the fly in the ointment....there's a risk to doing so....now there is a price to pay for that decision ....YOU may feel you are ok...BUT will the courts?....
My son just last week was sitting in traffic in his big rig and was rear ended by 2 other big rigs. The first one hit my sons trailer at about 60mph and the 2nd big rig rear ended the one that hit my sons rig....Needless to say, my sons tractor is being totaled out( his engined separated from the motor mounts and the tranny was ripped loose and his refrigeration trailer floor joists are all twisted.) I thinks someone was not alert,,,u think???
Considering the fact that close to 100% of the trucks you see on the road are tailgating, literally, other trucks it's lucky there weren't half a dozen or more trucks piling up on your son. It's a shame about his rig but as long as he is unhurt that's the important part. Good luck to him on getting it all adjusted and settled quickly and appropriately.
Cheri - great post as always.
In most states it is actually illegal to operate when fatigued or drowsy, regardless if you are operating within the Federal HOS regulations.
Ohio Revised Code 4511.79 makes is a minor misdemeanor for a someone to drive "a commercial motor vehicle" "while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle." The law also provides that, "[n]o driver shall use any drug which would adversely affect the driver's ability or alertness."
Furthermore, O.R.C. 4511.79(B) prohibits an owner from "knowingly" permitting a driver in any such condition to drive. Repeated violations result in enhancement of the charge from a minor misdemeanor to a fourth degree misdemeanor.
It really is up to drivers to use their better judgment. Please stop driving when you are very fatigued - your loved ones, friends and carriers want to see you another day.
Thank you drivers for everything you do. Many of us could never do what you do. We appreciate you! Be safe.
In most states it is actually illegal to operate when fatigued or drowsy, regardless if you are operating within the Federal HOS regulations.
Ohio Revised Code 4511.79 makes is a minor misdemeanor for a someone to drive "a commercial motor vehicle" "while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle." The law also provides that, "[n]o driver shall use any drug which would adversely affect the driver's ability or alertness."
Furthermore, O.R.C. 4511.79(B) prohibits an owner from "knowingly" permitting a driver in any such condition to drive. Repeated violations result in enhancement of the charge from a minor misdemeanor to a fourth degree misdemeanor.
It really is up to drivers to use their better judgment. Please stop driving when you are very fatigued - your loved ones, friends and carriers want to see you another day.
Thank you drivers for everything you do. Many of us could never do what you do. We appreciate you! Be safe.
His back is sore, goes to a chiropractor now and has xray stuff done on his back,neck and on some kind of meds to help him sleep at night to keep the aches down. Now in the process of attorneys and all the mess that goes with that, it is a zoo in the lawsuit game of life....
Tennesseahawk
Veteran Expediter
When dispatch starts understanding this like some safety depts do, then we should be fine. But I've gone to orientations where they preach safety out of the side of their mouths, and fingers crossed. We'll see which way the company goes when I call at 2am, saying I have to take a nap.
Thanks, John, for getting the point I was trying to make: the assumption that a driver operating outside HOS is fatigued, while one who is within the legal HOS is not. I believe the one-size-fits-all philosophy of the HOS is actually counterproductive in that respect.
I would really like to see the "real" split sleeper berth provision be brought back. Drivers themselves need to be able to determine when they need to rest - not the rules. We have many tired drivers driving rigs because the law and the companies require them to keep driving because they have "hours left to drive". Just not a good thing.
paullud
Veteran Expediter
There is pressure from different directions to drive fatigued whether it be from the company through positive or negative reinforcement like in the link below, financial concerns, or even someone's ego that they should be able to handle it. The easier we make it for drivers to rest through things like split sleeper or increased parking the more likely they are to take advantage.
Tennesseahawk
Veteran Expediter
I was thinking of posting that same video. People say he should've gotten some sleep on his second ten hour break, but how do you do it when you've used the first to sleep? So many desk jockeys are really out of touch when it comes to surviving out here.
paullud
Veteran Expediter
Of course he would be legal the whole time so that's all they see but unfortunately there isn't an on/off switch. The dispatcher was just worried about having to do his job and finding a way to make the load work.