Reality Behind the Wheel: Truck Drivers Face Immense Risk of Injuries and Unfair Wages
The US is facing a massive truck driver shortage. According to the American Trucking Association (ATA), the deficit rose to 60,800 in 2018. The ATA expects this number to more than double in the next decade due to the exodus of aging drivers and the industry’s struggle to hire more women.
A closer look at the industry reveals why more and more people are turning down trucking jobs. The first reason is the fact that truck drivers are exposed to a wealth of occupational hazards and personal injuries.
Occupational Hazards and Personal Injuries
The Occupational Safety and Health Administration (OSHA) says trucking is one of the most dangerous industries. Fatalities from large truck crashes have reached an all-time high in 2017, with a total of 4,761 deaths, according to a report by the National Highway Traffic Safety Administration.
Some of the common work-related injuries truck drivers sustain are cuts and lacerations, fractures, bruises, soreness and pain, multiple traumatic injuries, and sprains and strains, which account for 50 percent of the total.
These injuries are common results of vehicular accidents. Semi- and large truck accidents are due to a variety of reasons, including improper maintenance, distracted driving, job inexperience, improper loading, and of course, fatigue. Given that truck drivers typically spend hours on the road, they’re highly likely to experience overexertion, which impact their driving ability and performance.
The Causes of Truck Accidents
Tough working conditions, long hours, plus unfair wage systems force truckers to prioritize their jobs over their health. The fact that most commercial truck accidents are due to overfatigued or sleep-deprived drivers prove this point. However, this isn’t entirely the driver’s fault. Extremely fatigued truckers who still go on their shifts may indicate negligence on the part of the employer.
For example, a fleet manager forces a trucker to deliver heavy loads per day and meet unrealistic deadlines to cut costs or cope with the driver shortage. As a result, the driver falls asleep on the wheel and causes a collision, injuring multiple parties. The employer may be held liable for the incident because he or she put the trucker in a perilous position.
Other causes of accidents, like improper driving, inexperience, and improper maintenance may also be a result of the employer’s negligence. In the prior example, the fleet manager might have given the trucker too heavy a load, which might have made the vehicle difficult to maneuver.
In another situation, some trucking companies hire inexperienced truckers and make them complete training courses hastily. Then, the employers will put the newbies behind the wheel of large, hard-to-operate vehicles. This is a form of cost-cutting since experienced drivers generally charge more per hour or per mile. But the underlying costs of opting for inexperienced truckers is the increased likelihood of causing accidents due to his lack of expertise.
Improper vehicle maintenance can also be charged to employer negligence. Federal regulations dictate that it’s the fleet manager’s responsibility to ensure that the trucks are in top condition whenever it rolls out for commercial purposes. Sending out truckers to drive despite of faulty vehicles can be considered as negligence.
On top of demanding, dangerous work conditions, many truck drivers don’t receive proper compensation. The unfair pay systems discourage those who want to enter the trucking industry.
Unfair Wage Structures
Truck drivers operate under unique pay systems. The employer decides how to compensate their drivers, although there are laws that regulate truckers’ wages. Most companies pay their drivers per-mile, per-load, or per-percentage-of-load. These wage structures aren’t illegal, but they don’t always reflect the compensation truckers deserve.
Accounting only for the number of miles truckers have driven or the amount of load they’ve delivered means their other working hours go unpaid. For instance, time stuck in traffic while in-transit for a delivery, on-the-road repairs, waiting for pick-ups and drop-offs, and breaks are all part of the trucker’s job. But they don’t get compensated for these tasks in a per-mile or per-load basis.
From the drivers’ perspective, these unpaid hours are time they can’t get back. So they force themselves to meet deliveries and other requirements. Truckers drive extra long hours, skip breaks, and some even overspeed just to meet schedules. Inaccurate wage structures not only shortchange truckers, these also put drivers at risk.
As such, Washington state set forth legislations to prevent the mistreatment of truck drivers.
The Hours of Service Rule
The Hours of Service rule limits drivers’ shifts to 14 hours following a 10-hour off duty. In this 14-hour shift, the trucker should spend only 11 hours on the road, with the remaining hours reserved for non-driving tasks, including trainings, meetings, fleet huddles, pre- and post-trip vehicle inspections, and others. This limit safeguards truckers from driving-related fatigue, preventing auto accidents.
Drivers are entitled to paid rest breaks as well, per the Hours of Service regulation. Truckers reserve the right to take 10-minute breaks every four hours. Also, employers can’t force truck drivers to work more than five consecutive hours without a meal period.
Truckers are also entitled to separate pay for overtime, rest and meal breaks, non-driving duties, and other forms of compensation if the employer observes the per-load or per-mile wage structure.
Failure to obey any of the provisions of the Hours of Service legislation is a violation on your employer’s part. In such a case, Truck Driver Rights can help you.
Aggressive Representation for Truck Drivers
We recognize the important role truck drivers play in the supply chain. As the driving force of each industry, truckers are the prime movers of the country’s economy. With such a critical duty, truck drivers should receive nothing but just treatment and compensation.
If you are a truck driver and you feel that your employer is undermining your safety or depriving you of your rights, don’t be afraid to demand what you deserve. Truck Driver Rights will stand by your side as you seek justice and rightful compensation.
Our team will represent you in cases related to violation of compensation rights, such as unpaid overtime, forced missed rest and meal breaks, and working off the clock. You can also come to us with your personal injury claims. We’ll fight together to make sure that you receive damages you are entitled to under the law.
We’ll work tirelessly and efficiently, so you can get back on the road without compromising your well-being and depriving you of just pay.
Complete our free consultation form today, so we can start building your case.