Dangers in Commercial Driving

Dangers in Commercial Driving Carolyn D. Arnold University of North Carolina at Charlotte

Dangers in Commercial Driving

Abstract The purpose of this research is to look at the effects that commercial driving can have on the men and women physically, mentally, and mostly financially. The research includes case studies, information through charts and documents written by the Department of Transportation, as well as primary research conducted through interview and observations. The paper looks at the issues commercial driving has on the physical and mental health in regards to the hours and nature of their work. Many commercial drivers have to drive long, odd hours at night and are put under pressure to make difficult deadlines. These stresses and hours lead to issues with mental health such as depression. The paper also looks at the liability issues when there are accidents caused by these stresses or negligence by other drivers on the road.

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We drive next to these vehicles every day, and we complain about them almost as often As drivers we are in near constant contact with commercial vehicles, and there is really nothing we can do to avoid it no matter how nervous it might make us to be around them. There are many dangers that come along with sharing the roads with these massive vehicles and there are many conflicts that drivers have to deal with after an accident happens. Without a doubt, commercial vehicle drivers must be well-trained and scrupulous about safety in order to avoid endangering themselves and others on the road. My paper considers the impact of shift work in various business environments. Specific consideration will be given to commercial driving using primary research observation of a dump truck, studies centered on shift work patterns, and liability cases. The goal of this research is to propose a solution for companies employing shift workers. I have a deep hatred for driving in close proximity to commercial vehicles such as dump trucks, eighteen-wheeler trucks, and buses. Due to their large size I am frequently convinced that the operators of these vehicles can never see me, and I live in fear of being crushed by one of these large trucks. Drivers of these vehicles are commercial drivers; they are men and women who have specific licenses that permit them to operate vehicles of a weight above 26,001 pounds. Additionally, in order to transport hazardous materials, these vehicles require a placard in compliance with Department of Transportation regulations. Their Commercial Drivers License or CDL also enables them to drive vehicles intended to transport sixteen or more passengers including the driver. (Green, C. 2008). It wasnt until I met a driver of a commercial vehicle that I thought about the effects their jobs might have on them. The commercial driver I met is Sam Warlick, and my interest in this

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topic really began when he started talking about an acquaintance of his who misjudged the distance of a commercial truck at an intersection and attempted to cross an intersection before the truck arrived. However, due to his miscalculation in both the speed and distance of the truck, the front of the truck hit his car on the passenger side. This accident was caused by the driver of the passenger car who made a serious misjudgment. While the commercial vehicle caused the most damage and received the least of it, the fault was nevertheless placed on the passenger driver. Its situations like these that contain the most blurred lines for me because while the blame is clear, the damage causes me to feel sympathetic towards the driver who received the worse end of the deal. It seems logical to me that the person with the least damage should cover any needs for the person with the most damage because there is already a great deal of inconvenience that the other person has to deal with. That is, until I realized that, not only has there possibly been damage caused to the commercial driver, but also to the vehicle with which he makes his living. For the men and women in this profession, their trucks are essentially their offices, and any damage caused to them has the potential to lead to a loss of opportunity to earn the money they need in order to support themselves or their families. Thinking about the circumstances outside of the accident is what causes me to make special considerations for the people involved in these accidents, considerations that cant always be given by companies facing potential lawsuits. In an accident involving a passenger car and a commercial vehicle, it can be difficult to determine who caused what, who should handle the financial responsibilities, and how to discern the blame when it comes to a company owner and their driver. Few jobs come along with the potential for an employee to face the consequences as harshly as the job of a commercial driver.

Dangers in Commercial Driving

The men and women in this field of work drive long hours through the night, have demanding work schedules causing them to drive quickly, and are often driving on the road in close relation to other drivers who are unaware of the capabilities and inabilities of these large commercial vehicles. The operators of these vehicles are responsible for the automobiles owned by their employers, the safety of themselves, and the completion of their jobs in a timely manner. This burden is significantly greater than those of us who operate passenger vehicles every day, hence the need for specialized training and licensure. Yet, despite this extra preparation, accidents still occur. In 2011 there were over 3500 accidents involving commercial trucks or buses in the United States, leading to around 112,000 injuries and over 4,000 deaths. ("Commercial motor vehicle," 2007)While commercial truck drivers only account for 7% of drivers on the road, when an accident occurs between a commercial vehicle and a passenger car, the commercial driver receives the blame 44% of the time. ("Common causes of," 2008)These accidents can result from many contributing factors some accidents are due to negligence by the commercial driver, some are due to poor judgment by the passenger car driver, and some are caused by factors outside of either drivers control. Common factors that cause a commercial driver to hit another car or to wreck in a single car accident are inadequate training, driver fatigue, and excessive expectations set by the employer forcing the driver to make difficult deadlines, meaning the driver has to drive quickly, breaking less during their trip. Common causes of accidents by other drives are changing lanes too quickly in front of a commercial vehicle, left turns in front of a truck because the driver didnt judge the speed or distance of the commercial vehicle correctly, and failing to change speed correctly around commercial vehicles.("Common causes of," 2008)Accidents involving commercial

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vehicles and passenger cars accounted for around 87 billion dollars in 2010. ("Commercial motor vehicle," 2007) In an accident involving a commercial vehicle there are two ways the drivers employer can be held responsible: negligence and vicarious liability. Negligence on the part of an employer is found in two different strains: negligent hiring and negligent supervision. At a bare minimum the employer is responsible for making sure that the employee being hired has a Commercial Drivers License (CDL) that has not been suspended or expired. Some employers take extra measures by checking past driving records and doing drug testing. Employers are also responsible for the supervision of their employees through guaranteeing that the employees are loading and weighing their cargo correctly, as well as making sure the employee is using care and the necessary skills to the extent required in their job. ("Common causes of," 2008)Vicarious liability would be assumed in an instance in which an accident occurs while a driver is doing a job for the employer. For example, when a driver gets into an accident while on a company job, the employer can also be found liable for the damage caused. However, if the employee takes time out of his trip to run a personal errand (i.e. get lunch, go to the store, etc.) the employer cannot be found liable because the employee was acting on a personal errand, not acting on the behalf of the employer. The issue with many of the accidents that occur today is that the commercial driver is dealing with the stress of an accident while also having to handle the potential consequences of their actions on the companies they work for. (Perez-Chada, 2005). During the Large Truck Crash Causation Study (LTCCS), a three-year data collection project conducted by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of

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Transportation (DOT), data collectors on the job found that drivers were more willing to discuss the events that had recently taken place once they found out the data collectors werent there to persecute them and werent related to any law-based agencies. The drivers were often unwilling to place the blame of the accidents on their employers. (Perez-Chada, 2005). One of the issues with placing liability in many cases is that its difficult to know where to draw the line for blame in an accident when the blame can land on parties who werent there when the accident took place. Often times when accidents are the commercial drivers fault theyre due to fatigue, inadequate training, or excessive expectations set by the employer. ("Common causes of," 2008) In these cases, while the driver was the one operating the vehicle that led to an accident, the employer is the one who scheduled the driver for long hours, sometimes even at night during the hours that the driver would and should be asleep. The employer is also the one who set the expectations for the driver to make it to a destination in a certain amount of time, meaning the driver may feel he has to take certain risks and drive faster than they normally would in order to keep their job. The driver is also sometimes driving with less training than he should have received, especially considering the fact that driving is the largest part of his job. Commercial driving is listed under the tab in our metaphorical filing systems as shift work. Shift work is the completion of ones work day outside of the traditional nine to five work day (Bird, R. C 2006)Thirteen percent of workers of American workers complete their work during this time, and currently 3.2 million Americans work during the graveyard shift. (Bird, R. C 2006)Shift work is dangerous to the health of both the workers and other civilians around them at the time. The hours that many commercial drivers work lead to chronic fatigue as well as a veritable cornucopia of health problems including depression, colds, flu, and even

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infertility. (Bird, R. C 2006)Major accidents such as the explosion of the Challenger and Chernobyl plant have been caused in part by employees working late hours or employees working during exceptionally lengthy shifts. (Bird, R. C 2006) While the effects of shift work are physically taxing on the human body, employers also feel the sting of these effects through their finances. Employers also pay around 15.9 billion dollars annually in doctors visits, prescriptions, and medical treatment for sleep deprived workers. ("Commercial motor vehicle," 2007)Accidents involving commercial drivers cost companies around $87 billion dollars in 2010. ("Commercial motor vehicle," 2007)The Legal Funding Industry tracks semi-truck accidents statistics and has seen an large spike in semi-truck accident lawsuit funding due to an increase not only in the number of accidents happening annually, but also due to a 20% increase in the number of trucks on the road between 2010 and 2012.( Green, C. 2008)This increase in law suit funding indicates that owners of companies and commercial trucks are aware of the high number of accidents happening as well as the need to cover any damages that result from these accidents. In February 1997 a large trucking firm raised the pay of their drivers by an average of 39.1%. (Green, C. 2008). A study conducted that was controlled for operational and demographic factors including prior driving experience and the amount of time spent on the job suggested that for drivers employed before the pay raise who remained employed after the pay raise, there were fewer crashes. While the higher pay rate lead to lower separation probability, theres a strong likelihood that the number of crashes decreased due to the retention of experienced drivers as opposed to having to recruit new commercial drivers. The findings in this study do indicate that human characteristics have effects on the drivers actions as well as the

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safety measures taken behind the wheel, but they also suggest that factors in driver motivation and incentive are very influential in a drivers performance. (Green, C. 2008). Although in accidents involving commercial drivers and passenger cars the passengers and their cars almost always receive the brunt of the impact and damages, in most instances the passenger car drivers are legally responsible for the accidents. ("Common causes of," 2008) Many of the crashes that occur between commercial trucks and passenger vehicles stem from improper handling and judgment on the road on the part of the non-commercial drivers. Often, accidents between commercial vehicles and cars on the road occur because the driver of the passenger cars judges the distance between themselves and the commercial vehicle incorrectly. A great deal of these accidents also stem from the lack of knowledge civilian drivers have regarding the functions and capabilities of these large trucks. Drivers of passenger cars are often unaware of the rate of acceleration possible for a large truck, causing accidents due to poor judgment when changing lanes. Passenger car drivers are also frequently unaware of the dangers posed to them while driving closely to commercial trucks, especially the danger of blind spots where a commercial driver is unable to see a smaller passenger car.("Common causes of," 2008) Any time an accident between two vehicles occurs, the drivers and passengers affected have to handle issues regarding damage to their vehicles and any injuries that they may have sustained during the accident. The drivers of these vehicles also have to deal with a change in their insurance rates, the police, and in some cases, tickets for traffic violations. On top of these stresses and inconveniences, the drivers of commercial vehicles also have to take into consideration the consequences that their actions will produce for the companies they work for. Finding a definitive way to pinpoint who caused an accident can be difficult because neither party in an accident is typically willing to receive the blame due to potential financial

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stresses as well as potential legal issues that could result from the accident for the company owner. One tool that might provide a solution for this problem is a software program developed with the specific purpose of creating estimates for liability in an accident. The program has been designed to intake information about the accident and then creates an estimate for a base liability, while also taking into account variables such as right of way, configuration of the road, and points of impact on the vehicles. The software can also take into account the actions of the driver as well as the conditions of each driver and the effects these actions would have on their performance. (Wahlbin S. 2002) Personally, I have difficulty knowing where to place the responsibility in accidents such as these because I find it hard to make someone cover the financial stresses of an accident after they or their car have also received the majority of the physical damages. I feel like a good solution would be to give these large trucks their own roads where any mistakes made on the parts of the drivers in either party would have little to no effects on other vehicles. But alas, I realize that it would be both cost ineffective and impractical to build entirely new road ways for commercial vehicles. The best solution I can think of would be for companies to set aside a portion of their profits to an account for any accidents that occur at the fault of their drivers. I also think each company should have accident policies in place that they adhere strictly to. There should be a policy for accidents that are caused by the commercial drivers and a policy for those caused by passenger car drivers. There should also be policies set in place preventing the employees of these businesses from being forced into long, late shifts while attempting to make nearly impossible deadlines. I dont have a perfect solution to this issue because I have a difficult time looking at the accidents that occur subjectively, meaning I feel unable to place the responsibility and punishment for an accident on one party.

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Most companies already have policies in place to cover financial and liability issued that may come along with commercial driving and the accidents that can sometimes occur. To me, the missing piece to solve this problem would be having an objective third party who oversees the negotiations, agreements, and paperwork handled between the two parties. The third party could be a lawyer for the respective parties or a government agency that makes decisions with no threat of personal gain, ensuring that no bias is used in the process of allotting financial settlements or compensation. In regards to the health effects and long term negative outcomes of their jobs, companies should offer some sort of workers compensation in the event that the work being assigned and completed leads to any of the mental or physical health associated with this particular brand of shift work. The establishment of a documented, fair agreement for the men and women who drive commercial vehicles at odd hours of the night is the first step to ensuring that employers do not abuse their authority over their employees. So long as the employees are acting on behalf of their employers, no accidents leading to injury or damage of their vehicles should have to come out of their pockets. Commercial drivers undergo special training and testing to receive the opportunities to make a living, and accidents caused by forces outside of their control should not result in a loss of those opportunities. The men and women who do this job have a physically, mentally, and sometimes financially demanding job that can often result in poor treatment from their employers.

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Citations

1. Barradas, S. (n.d.). Trucking safety. TruckersReport, Retrieved from http://www.thetruckersreport.com/library/trucking-safety/ Barradas briefly discusses the dangers a commercial truck driver faces in their job. Commercial drivers are the men and women who drive typically large trucks for their job or career. This work was found on a website devoted solely to Truckers giving me a chance to see their perspective on their own safety concerns and it will most likely be a good reference to connect me to other works on similar subjects. 2. Smith, K., & James, S. (2005). Driver dead as dump truck tips. SunSentinel, Retrieved from http://articles.sun-sentinel.com/2005-1124/news/0511231556_1_truck-driver-lott-truck-bed This article is a short write up on an accident concerning an Arkansas truck driver who was killed when a dump truck rolled onto its side as hurricane debris was being unloaded at a landfill. This article is going to serve as a good example of the types of accidents that drivers may be in.

3. Bird, R. C., & Mitorabi, N. (2006). Shiftwork and the law.Berkley Journal of Labor and Law, 27(383), This article is by two professors who researched and wrote about shiftwork for a law journal. According to Bird and Mitorabi shiftwork is the completions of ones work outside the traditional 9-5 hours. This article addresses the dangers to shiftworkers health outside of the realm of accidents, mainly the harmful health effects and how those can harm the employees performance.

4. Perez-Chada, D. (2005). Sleep habits and accident risk among truck drivers: A crosssectional study in argentina. Sleep, Sleep Deprivation, and Performance, 28(9), This is write up of a study conducted by a group of scientists in Argentina on the effects of sleep deprivation on commercial drivers. The study cross-examined sleep habits and accident risk in long haul truck drivers. I hope to use the write up to help with my numbers and statistics in the paper. 5. Rodriguez, D. (2006). Pay incentives and truck driver safety: A case study. Industrial and Labor Relations Review, 59(2), Retrieved from http://www.jstor.org/stable/25067517

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This is a case study written about the correlation between the occurrence of accidents and the pay rate among the drivers. Essentially, the point being made is that when companies require more experience, leading to better pay rates, they get employees who make less mistakes on the road. This case study is helpful not only for numbers and statistics but because it also offers a solution to the issue in my paper. 6. Bocanegra, J., Hickman, J. S., & Hanowski, R. J. U.S. Department of Transportation, Federal Motor Safety Carrier Administration. (2005). Distraction in commercial trucks and buses: Assessing prevalence and risk in conjunction with crashes and near-crashes (FMCSA-RRR-10-049)
This is a written account of research done to analyze naturalistic data collected on commercial trucks and buses. The data was intended to provide the Federal Motor Carrier Safety Administration with data on the dangers of cell phones and electronic data being used by commercial drivers]

7. Federal Motor Carrier Safety Administration, (2007).Commercial motor vehicle facts. Washington D.C.: This is a series of charts providing figures on the number of accidents, types of accidents, and outcomes of accidents in a given year. This information will be helpful for me to provide factual information and support in my argument.

8. Green, C. (2008). Investigation of catastrophic truck accidents. This is a list/document describing how to conduct an investigation of a truck accident involving commercial drivers. It gives details on the best way to reach an unbiased outcome concerning the blame of an accident. This article will also provide a possible solution to the problem my paper is discussing. 9. Wahlbin S, Johnston T, (2002) US Patent 09/969,545 Austin, TX: US This is a patent for a software program in which the information about an accident, including the conditions of the road and vehicle will be entered and it will produce and unbiased liability claim showing who was responsible for an accident and how much the responsible party should have to cover. Its another tool that could be used to provide a solution to my issue. 10. Arnold, C. Field Obervation (2013) These are my observation notes on the days I rode around on-the-job with a commercial driver. I discuss the various activities we do and the time consumption with the job. Honestly, I havent figured out yet how these will help me. But I believe they will.

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11. [Web log message]. (2008, 07 13). Retrieved from http://www.wedowebcontent.com/case_results/common-causes-of-semi-truckaccidents.cfm These are statistics about accidents involving commercial vehicles collected on a law-based web blog. These will help me provide a factual, number based serious of information to build my argument.