Personal Injury Law

Truck Accidents from Driver Fatigue Increasing

Truck driver fatigue is a factor in a significant number of truck accidents involving deaths and other injuries, according to the Federal Motor Carrier Safety Administration, the government agency generally in charge of promoting trucking safety. Consistent with the Bush administration?s continuing policy of protecting the interests of big business (at the expense of the public), in 2004, the federal government catered to the trucking industry and its lobby by changing the rules concerning hours that a trucker may drive. The rules actually increased the permissible driving hours and resulting trucker fatigue hazard. An article on the Insurance Institute For Highway Safety (IIHS) website even pointed out that since those new hours - in-service rules went into effect, truckers have been driving more hours and falling asleep more frequently.

Bureaucrats changing the rules, meant to protect the public, to circumvent congressional intent are nothing new to the current administration. We have seen similar conduct with respect to agencies like the Federal Drug Association (FDA). For instance, in January of this year, the FDA issued a proposed rule which directly contradicts Congress? expressed intent when it passed the Food and Drug Administration Amendment?s Act of 2007 (FDAAA). Unlike the FDA?s proposed rule, Congress intended the duty to warn customers of a drug?s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim immunity for failing to warn patients of potential drug hazards.

Full post as published by Georgia Injury Lawyer Blog on February 26, 2008 (boomark / email).