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Drowsy Driving, HOS, Stopped Truck Crashes: Will 2022 Truck Parking Safety Improvement Act Be Passed?

Semi-truck crashes are often catastrophic and deadly.  Two known causes of commercial truck accidents are (1) when truck drivers are forced to drive while they are fatigued or exhausted; and (2) when rigs are forced to park near moving traffic lanes.  For more, read our discussions in Truck Driver Fatigue: Battle Continues Over Tracking Truckers with Electronic Log Devices (ELDs) and  Truck Parking and Fatal Semi Truck Crashes.

Of course, there are federal regulations designed to combat the danger of drowsy drivers behind the wheel of big rigs, tractor-trailers, 18-wheelers, and semi-trucks.  The federal Hours-of-Service (“HOS”) rules mandate the number of consecutive hours a trucker can drive without stopping to take a break and rest from the road.  Read, Commercial Truck Safety and Truck Driver Fatigue: Fatal Truck Crashes, ELDs, and HOS Rules.

What happens when the trucker needs to comply with HOS regulations?  The truck driver will need to stop the rig, of course.  And this dovetails with another trucking danger. 

The Truck Parking Crisis

One reason for commercial trucks to stop on the shoulders of our roadways, as well as along the sides of our highway off-ramps, is because the truck drivers are not able to find proper parking for their vehicles.  They have no choice because there simply are not enough parking areas provided for commercial motor vehicles in this country.  This is not news; it is a transportation problem that has been recognized for many years. 

According to the Federal Highway Administration (FHWA) in a report entitled “Jason’s Law Truck Parking Survey Results and Comparative Analysis,” there are only around 300,000 parking spots across the United States (not counting Alaska and Hawaii) for commercial truck drivers to park their rigs. 

According to this FHWA Report almost all (90%) of commercial truck drivers are left without a place to park if they are left to a designated commercial vehicle parking space.  Truckers have no choice:  to stop their truck and take a break, they usually find a place to park their rig that is off the grid, or some type of unauthorized parking space. 

Sadly, while the massive Infrastructure Investment and Jobs Act of 2021 has provided significant federal funding for the improvement of our local roads, bridges, highways, and interstates in our part of the country, that legislation did not resolve the growing truck parking crisis. 

For more on the IIJA, read Passage of the 2021 Infrastructure Act and Deadly Accident Injuries in Indiana and Illinois.

However, things may be changing.  Federal funding may be on the way to move forward in resolving the safety hazard facing truckers, their rig occupants, and those who share the roads with them.  New parking areas along with expanded rest areas, lighting, etc., may be financed by the federal government if a new bill succeeds in becoming law.

Bipartisan Truck Parking Safety Improvement Act Moving Through Congress

Thirty-seven (37) members of the U.S. House of Representatives from both sides of the aisle have banded together to reintroduce  the Truck Parking Safety Improvement Act  (HR 2187), which if passed into law will provide substantial funding ($755 Million) for more commercial truck parking in Indiana, Illinois, and the rest of the country.  See, “Truck Parking Safety Improvement Act Advances Out Of House Committee,” published by the National Safety Council’s Safety & Health Magazine on August 3, 2022.

On July 20, 2022, the bill moved forward for a full House vote.  To follow HR 2187 online, go here.  

Illinois’ Mike Bost Sponsors the New Truck Parking Bill with Trucking Industry Support

This important legislation was sponsored by Illinois Representative Mike Bost, who explains:

“Growing up in a family trucking business, I am all too familiar with the struggle our nation’s truckers face as they push the extra mile to find somewhere safe to park. Expanding access to parking options for truckers will not only help ensure their safety and the safety of all on the road but will also help address our supply chain crisis by ensuring they aren’t spending precious time searching for somewhere to park. I’m grateful to my colleagues for supporting my bill today and hope that it will quickly be brought up for a vote on the House floor soon.”

Representative Bost notes that the Truck Parking Safety Improvement Act is supported by numerous agencies related to the trucking industry, such as the Owner-Operator Independent Drivers Association (OOIDA), the American Trucking Associations (ATA), the Truckload Carriers Association, ATA Law Enforcement Advisory Board, Commercial Vehicle Safety Alliance, ATA Women in Motion Advisory Board, SHIPPERS Coalition, National Association of Small Trucking Companies, and Consumer Brands Association.

From American Trucking Associations President and CEO Chris Spear:

“The lack of safe and accessible truck parking is an issue that causes serious concern for our industry.  Without it, drivers waste hours looking for secure places to park for an hour or for the night, hurting their ability to rest and adding undo stress to their days. Moving this legislation forward is a tremendous step toward addressing what has been significant challenge to our industry’s ability to safely and efficiently move the nation’s goods.”

In announcing the ATA’s support for the Truck Parking Safety Improvement Act, ATA President Spear pointed to the American Transportation Research Institute’s studies which show each day, commercial truck drivers spend an hour’s time (56 minutes) just looking for a place to park their rig. 

Justice for Victims of Semi-Truck Crashes in Indiana and Illinois

As advocates of accident victims involved in a semi-truck crash here in Indiana or Illinois, we understand the vital impact that insufficient truck parking has upon the risks we all face here in the “Crossroads of America.”

 The hazards of stopped trucks on our roadways as well as the reality that there are truckers driving drowsy because they cannot find proper parking is all too real. 

Accordingly, we support the passage of  the Truck Parking Safety Improvement Act.

Sadly, until this new bill becomes effective law, the dangers will remain.  And, even if passed, it will be a very long time before truckers in Illinois and Indiana will be enjoying any new truck parking infrastructure.

Which means there is still an unacceptably high risk of a collision involving a parked commercial truck, or a trucker who is driving fatigued because of an inability to find a place to park.  For those who suffer catastrophic harm or fatal injuries in a semi-truck crash, there are personal injury and wrongful death laws on the books of both Indiana and Illinois that provide avenues for justice to the accident victims and their families.

Accident victims have a right to investigate truck crashes in detail to determine the reasons for the crash, and whether or not drowsy driving and inadequate parking contributed to it.  Legal liability may apply to those who have failed in their duty of care to help the truck driver find safe truck parking as part of his route planning, or who forced the trucker to keep moving, disregarding the risk of driving while fatigued.  This may include the trucking company, shipper, the receiver, and other responsible parties. 

For more on semi-truck crash accidents, read:

We face an increased risk of serious and fatal semi-truck crashes due to the high volume of commercial truck traffic moving through Illinois and Indiana; the likelihood of a fatal semi-truck crash is higher here than in other parts of the country.  Please be careful out there!

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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