At the Law Office of Scott R. Herndon, we are committed to advocating for the safety of all drivers and passengers on California roads. Nowhere is this issue more urgent than in commercial motor vehicle (CMV) accidents.
CMVs, such as semi-trucks, delivery trucks, and agricultural vehicles play a vital role in our economy, with the Bureau of Labor Statistics estimating that 2,235,100 heavy and tractor-trailer truck drivers were employed in the US in 2024. Without a doubt, CMV drivers are some of the hardest working, and most vulnerable, people in our country. We would not enjoy our way of life without the hard work and dedication of CMV drivers. But this does not mean that the systems and practices of trucking are always prudent or safe.
The working environment of CMV drivers is fraught by long hours on the road, ergonomic hazards, intense delivery demands, and irregular shifts. Such work conditions have been associated with many serious health problems, including fatigue and sleep disorders, musculoskeletal and pulmonary disorders, cardiometabolic issues, and obesity. As a result, long-haul truck drivers have been linked to shorter life expectancies than the general population (Hege et al, 2015). Each of these health problems can contribute to acute and chronic fatigue.
Given that long-haul trucking and chronic fatigue has been associated with significantly increased risk of serious accidents (Garbarino et al 2017; Burks et al 2016), it is critical that forensic analysts attend to this common cause of driver error. Even more importantly, we must recognize the wider role that trucking companies, practices, and even highway design and construction impact driver safety.
In the wake of a tragic accident, every stone must be unturned to protect the lives of our clients, neighbors, and fellow citizens.
This webpage is intended to provide a general overview of peer-reviewed scientific literature on the association between fatigue, sleep apnea, insomnia, long routes, and the devastating consequences of truck crashes. It does not constitute specific medical, scientific or legal advice, and is provided for informational purposes only.
The Science of Sleep and Fatigue
In its 2016 book, Commercial Motor Vehicle Driver Fatigue, Long-Term Health, and Highway Safety, the National Academy of Science has provided a foundational text on roadway safety and CMV driver fatigue. It explains that sleep loss has a wide range of negative effects on cognition and neurobehavior, including (1) unstable attention, (2) slowing of response times, (3) declines in short-term and working memory performance, (4) reduced learning of cognitive tasks, (5) performance deterioration in tasks requiring divergent thinking, (6) inability to move past ineffective solutions, (7) performance loss as the duration of a task increases, and (8) increased neglect if activities determined to be nonessential (citing Goel et al 2009).
It is common knowledge that commercial trucking demands long hours, often disrupting natural sleep patterns and increasing the likelihood of fatigue. The risks are further amplified
by sleep disorders such as sleep apnea and insomnia, which can dramatically impair a driver’s cognitive and motor functions. Indeed, the relationship between fatigue, impaired cognitive function, and traffic accidents is well-documented, with 20% of all vehicle crashes associated with fatigue (Sprajcer et al 2023). Studies in Accident Analysis & Prevention have demonstrated that fatigued drivers exhibit slower reaction times, reduced vigilance, and impaired decision-making abilities, all of which contribute to an increased risk of accidents (Smolensky et al 2011).
Obstructive sleep apnea (OSA), a condition characterized by repeated interruptions in breathing during sleep, is alarmingly prevalent among CMV drivers (Gabarino et al 2017). Drivers with untreated OSA are at a significantly higher risk of crashes (Burks et al 2016).
Insomnia, a chronic difficulty initiating or maintaining sleep, can also severely impair a driver’s ability to concentrate, react, and make sound judgments. Research has linked insomnia to increased crash rates and near-miss incidents among truck drivers (Garbarino 2016).
Researchers have investigated the role of whole-body vibration on fatigue, and its implications for driver safety (Troxel et al 2016), while others have focused on the need for screening all commercial drivers for signs and symptoms of insomnia as a proactive safety measure (Garbarino et al 2017).
Research published in the journal Transportation Research Part F: Traffic Psychology and Behaviour has emphasized the cumulative effects of long routes, demonstrating that drivers’ performance degrades significantly over extended periods of driving, especially when combined with sleep deprivation (Davidovich et al 2018).
Taken together, the following proposition is clear: The longer a fatigued driver is on the road, the greater the risk. This proposition has significant implications for determining liability in the wake of a catastrophic trucking accident, and requires the careful consideration of all available research and analytic tools.
An Open Question: How Effective Are Regulations?
The Federal Motor Carrier Safety Administration (FMCSA) has established Hours-of-Service (HOS) regulations to limit driving time and ensure that CMV drivers have sufficient rest. However, research suggests that even with these regulations in place, fatigue remains a significant concern (Burks et al 2016), with researchers raising important questions as to the effectiveness of current HOS regulations in preventing fatigue-related crashes (Hall et al 2008).
Research has led to the implementation of driver drowsiness and attention warning systems, which shows some promise for the future (Ahlstrom and Anund 2024), as does the use of psychomotor vigilance tests (PVTS) to further understand the impact of fatigue on driving performance (Al-Mekhlafi et al 2023).
Our law firm will provide another webpage on the use, promise, and potential limitations of this technology and emerging regulations as research becomes available.
Practical Implications and Legal Considerations
These research findings have significant implications for CMV drivers, trucking companies, and the legal system.
Trucking companies have a legal and ethical responsibility to prioritize driver safety by implementing comprehensive fatigue management programs. These programs should include regular screening for fatigue and its myriad biological, industrial, and economic causes.
Our Commitment to Justice and Safety
At the Law Office of Scott R. Herndon, we are committed to seeking justice for victims of truck crashes and promoting safer practices within the commercial trucking industry. If you or a loved one has been injured in a truck crash caused by a fatigued or medically unfit driver, you may have grounds for legal action. The Law Office of Scott R. Herndon is dedicated to representing victims of commercial motor vehicle accidents. Call us today.
Call 415-360-5477 or contact us online to schedule a free consultation with one of our highly skilled attorneys today.