Road accidents continue to be a big concern for truck drivers as 2019 recorded 1,005 fatal occupational injuries, the highest record for the trucking industry since 2003. According to the last The Large Truck Crash Causation Study by the Federal Motor Carrier Safety Administration, motor vehicle crashes are “complex events” because the elements that contribute to them can take place hours, days, or even months before the accident.
This is just one of the many reasons that justify the need to hire experienced truck driver attorneys when you or someone you know has been involved in an accident. Truck drivers often get the bigger share of the blame and they’ll need a very good lawyer to defend them, especially if the cause of the accident can be traced back to over-scheduling.
Truck Driver Rights has represented truck drivers in Torrance and from all over Washington and California for more than 20 years. We can identify many factors that cause truck drivers so much grief, from unfair contracts to overwork. We’ll focus on two that many truck drivers in the country encounter: over-scheduling and misclassification.
What Is Over-Scheduling?
Let us begin with over-scheduling, or the propensity of employers to overbook truck drivers to make more consecutive trips than is legally allowed.
The Federal Motor Carrier Safety Administration (FMCSA) created regulations to ensure road safety for truck drivers and other motorists. They made breaks mandatory for truck drivers and gave the following specifics:
- 11-Hour Limit – Truck drivers may only drive for 11 hours max after taking 10 consecutive hours off.
- 14-Hour Limit – Drivers are not allowed to drive beyond the 14th consecutive hour of being on duty.
- Exception for adverse driving conditions – When dealing with bad weather or other adverse conditions for driving, drivers may exceed the 11- and 14-hour limit by up to two hours.
- 30-Minute Driving break – Drivers must take one 30-minute break after driving for a cumulative eight hours.
- Sleeper Berth – Drivers are required to rest for 10 hours. They may break this up, as long as one break is at least 2 hours (wake hours) and another is at least 7 hours (must be spent in sleeper berth).
- 60/70 Hour Limit – Drivers may only drive for a maximum of 60 hours in seven days or 70 hours in eight days. They may only restart a seven- or eight-day work period after being off duty for 34 consecutive hours or more.
Driving schedules that go beyond the 11-Hour Limit, 14-Hour Limit, and 60-70 Hour Limit can be considered over-scheduling. Drivers who must follow such an exhaustive work schedule run the risk of becoming less reliable with each passing hour behind the wheel.
The Effects of Over-Scheduling on Drivers
Overworked truck drivers are more prone to making mistakes on the road. Even a small oversight can lead to a catastrophe, so a truck driver has to be in optimal physical and mental condition. If they’re overcome by sleepiness or fatigue, they become hazards to other motorists as well as bystanders.
Drowsy and tired drivers are prone to the following mistakes:
- Miss a turn or exit.
- Miss or fail to recognize the signals from other motorists (e.g., signal lights, slowing down to turn, and honking and accelerating from behind to overtake).
- Forget to signal other motorists when turning, decelerating, changing lanes, exiting, or stopping.
- Forget to pay more attention to blind spots.
- Fail to slow down or brake early enough to avoid a collision.
- Fail to slow down or accelerate according to a highway’s maximum or minimum speed limit.
- Slow to respond to unprecedented events like an animal running across the street or a pedestrian suddenly stepping into the highway.
- Fall asleep behind the wheel.
Any of these can cause a truck driver to collide with another vehicle or property. Bear in mind that medium trucks (Classes 4, 5, and 6) weigh upwards of 14,000 pounds while heavy-duty trucks (Classes 7 and 8) weigh at least 26,001 pounds and can go over 33,000 pounds.
Coupled with driving speeds between 55 and 85 mph, a late turn or mistimed lane switch of a medium or heavy truck can cause extensive, irreparable damage to vehicles and structural properties. Such incidents will also put people’s lives in danger.
You shouldn’t wait for an accident to happen before asserting your right to ensure your safety and well-being as a truck driver. If you or someone you know is being overworked, inform your employer of their grievous error; and if they are unresponsive to your initiative, consider talking to our truck driver attorneys at Truck Driver Rights.
Seek Legal Advice if You Are a Misclassified Truck Driver
One of the roadblocks to confronting employers about getting overworked and underpaid (a common complaint alongside over-scheduling) is finding out that you were misclassified as an “independent contractor” instead of “employee.”
The problem with misclassification is it gives trucking companies the excuse of not giving their employees full compensation. Companies are not required to grant independent contractors the following:
- Minimum wage salary ($13-14 per hour in California, $13.69 in Washington)
- Other employee benefits (e.g., insurance coverage and performance-related perks)
- Overtime pay (breaks and rest periods are not counted as billable hours, which means truckers could be on the highways longer than they should)
- Meal and rest breaks
- Reimbursements for fuel, parking, and maintenance costs
To be clear, trucking companies can hire independent contractors. This is typical for drayage services (transport of goods over short distances, such as within port grounds). If, however, truck drivers who are clearly their employees receive compensation equivalent to that of independent contractors, then the company is in clear violation of state and federal labor laws.
Assert Your Employment Rights with Truck Driver Rights
Are you receiving minimum wages and benefits as stated by your state’s labor laws require? Do your employers or shift managers observe the FMCSA regulations on truck drivers’ working hours? If the answers are no and you wish to file an official complaint, our attorneys can help.
Truck Driver Rights defends the interests of truck drivers, including labor and wage disputes. Call us if you are struggling with over-scheduling or receiving less than you’re supposed to according to California or Washington labor laws. We also handle class actions for truck drivers who want to file a complaint against one employer.
Get our experienced attorneys to defend your rights as an employed truck driver. Call Truck Driver Rights and schedule your free first consultation.