Georgia Injury Lawyers Blog
Observations
First and foremost, it must be noted that the regulations for the safe operation of a CMV is not simply a “fatigue” regulation. It is far broader, specifically addressing both a driver’s “ability” and “alertness.” Accordingly, it encompasses not only fatigue but also illness and “any other cause” that makes it unsafe to begin or continue driving. The duty expressed by the regulation also extends to the motor carrier, who must not “require or permit” a driver so impaired to operate its CMs. This is important because the “we had no idea” defense is a common one raised by defendant motor carriers. In some cases this defense may very well be valid, but it is important for counsel to probe for policies and procedures that the motor carrier had in place to detect problems and instruct drivers in how to deal with them. The acts and omissions of the motor carrier should be a focus because the regulations require it to instruct its employees as to the rules for safely operating a CMV. If the motor carrier never instructed its drivers that they must not drive while sick, the regulation may have been violated even if the driver did not report his illness.
This regulation is obviously critical when a driver falls asleep or, because of illness or injury, cannot safely operate a CMV. There are numerous real world examples that illustrate its importance: