Expert Insights on Driver Fatigue, Distraction, and Drug and Alcohol Evidence in Trucking Litigation
Commercial trucking cases are rarely simple. A single collision can raise questions about federal compliance, driver behavior, fatigue, medications, and the reliability of the evidence itself, and the answers often depend on records that can change or disappear in the days after a crash.
For attorneys and claims professionals, understanding how each of those questions is investigated can shape strategy from the first phone call through trial. Whether a case is venued in Florida, elsewhere in the Southeast, or anywhere in the US, the core issues tend to be the same.
We asked two Rimkus experts to answer the questions they hear most often: Dr. Jeff Hickman, Practice Leader, Human Factors; and Amanda Kogelschatz, Principal Toxicologist. Here is what they want attorneys to know.
Key Takeaways
- Bring experts in early. Key testimony and case materials shape what human factors and toxicology experts can evaluate.
- Complying with hours-of-service regulations does not by itself mean a driver was not fatigued. An opportunity for rest does not mean sleep.
- There is no universal perception-response time. It depends on the facts of each matter.
- A positive drug test does not equal impairment. Urine indicates past use, while blood reflects what was circulating at the time of collection.
Roundtable: What is the most common mistake you see in the early days of a commercial trucking accident case?
Jeffrey Hickman, Ph.D.: In my experience, human factors experts are brought in late to the matter. Often, our analyses rely on testimony; thus, getting us involved early can benefit our analyses, as we can assist with questions that are relevant to our scientific analysis.
Amanda M. Kogelschatz, M.S., D-ABFT-FT: The most common mistake is not getting the information needed to complete an assessment of impairment. Retaining a toxicologist early can assist with questions regarding timing of use, history of use, and frequency of use. Additionally, a toxicologist can assist in discussions of case materials that may be helpful to complete a review.
Human Factors: Q&A with Dr. Jeff Hickman
What is human factors, and how does it apply to a commercial trucking accident investigation?
Human factors is the science of understanding human capabilities and limitations and how they interact with the environment. This translates to a scientific analysis of a driver’s ability to respond to a hazard (e.g., time and type of response), ability to see objects at night or in low-light environments, etc.
How does driver fatigue contribute to truck crashes, and how can fatigue be evaluated after the fact?
Fatigue and drowsiness are two different states. Fatigue is external and a feeling of tiredness, such as from time on task, and drowsiness is internal and is a desire to sleep, such as from poor sleep. Fatigue and drowsiness can be assessed through an analysis of time awake, sleep time, time on task, medications, health conditions, time of the crash, and driver performance.
If a truck driver complied with hours-of-service (HOS) regulations, does that mean the driver was not fatigued?
It’s a misconception that adherence to the HOS regulations means no driver fatigue, and vice versa for violation of the HOS regulations. The HOS regulations are designed to provide opportunities for rest (drowsiness) and limit working and driving time (fatigue). Opportunity for rest does not mean sleep.
What is perception-response time (PRT), and why is it often misunderstood in truck accident cases?
PRT is the amount of time that elapses between when an object can first be detected and when a driver initiates his or her response to the hazard, or when that avoidance maneuver is performed by the vehicle. There is no universal PRT; PRT is dependent on the facts in the matter.
How do cell phones, in-cab devices, and other distractions affect truck driver performance?
Distraction is a mismatch between your current attentional resources and those necessary to reasonably operate the vehicle. As driving is a visual task, the scientific research generally supports that tasks that require a driver to take his or her eyes off the road increase risk. However, this is dependent on when, how long, and how often the glance away from the road is made.
Toxicology: Q&A with Amanda Kogelschatz
What does a forensic toxicologist do in a commercial trucking accident case?
The role of a forensic toxicologist is to interpret what a drug or alcohol does to the body and describe the inward and outward effects on an individual. Specifically, in a trucking accident, this would involve an overview of the potential adverse effects of alcohol or drugs and how they may affect the ability to drive.
What are the limitations of DOT drug testing?
Most DOT testing requires a urine sample. Urine indicates past use of a substance. More information is needed to determine impairment. A positive result does not equal impairment.
Does a positive drug test prove a truck driver was impaired at the time of the crash?
It depends on the matrix tested (blood, urine, or oral fluid). These matrices tell different stories and have different detection times. Blood tells you what is circulating in the bloodstream at the time of collection. Oral fluid indicates recent use. A positive result in urine indicates past use and does not reflect what was circulating in the bloodstream at the time of an accident.
How can prescription and over-the-counter medications affect a commercial driver’s performance?
Some over-the-counter medications can cause drowsiness and sedation. Any impairment is dependent on the dose, frequency of use, and timing of use.
What makes marijuana (THC) results especially difficult to interpret in trucking cases?
Marijuana can linger in the urine for several weeks, especially in frequent daily users. Therefore, a positive result for marijuana compounds indicates past use only and cannot, on its own, be correlated with impairment at the time of the accident.
How the Pieces Fit Together
No two trucking cases raise the same questions. Some focus on what a driver could reasonably see and react to, others on what a toxicology report does and does not show, and many involve both. Others call for additional expertise, such as trucking safety and compliance, vehicle accident reconstruction, biomechanics, digital forensics, meteorology, or visual media and technology.
Some disciplines work especially closely together. Human factors and accident reconstruction, for example, often inform each other: Dr. Hickman relies on reconstructionists’ outputs in his analyses, and reconstructionists rely on his.
Rimkus brings these disciplines together under one firm, with credentialed experts who provide independent, science-based findings and can explain them clearly. When a case calls for more than one area of expertise, the work is coordinated from a single source rather than pieced together from outside consultants.
Connect with Our Transportation Experts
One Call. The Full Picture. If you are an attorney, insurer, or claims professional handling a commercial trucking matter, our team is ready to help. Contact Dr. Jeff Hickman or Amanda Kogelschatz to discuss your matter, or explore the full range of Rimkus transportation services.
Meet the Consulting Experts®
Jeffrey Hickman, Ph.D.
Practice Leader, Human Factors
Richmond, VA
+1 540 239 4878
[email protected]
View Jeff’s Expert Profile
Jeff spent 18 years at the Virginia Tech Transportation Institute, where he was principal investigator or co-investigator on 65 research projects totaling more than $43 million. His research spans driver fatigue, distraction, glance behavior, electronic device use, hours-of-service regulations, and advanced driver assistance and automated driving systems. He led development of the North American Fatigue Management Program, evaluated hours-of-service provisions for FMCSA, and wrote the original driver distraction chapter of the National Safety Council’s Motor Fleet Safety Manual. Jeff has published more than 100 peer-reviewed papers and technical reports, is a member of the SAE Truck and Bus Automation Safety Committee, and formerly chaired SAE Task Force J3198 on driver drowsiness and fatigue. He holds a Ph.D. in Clinical Psychology from Virginia Tech.
Amanda M. Kogelschatz, M.S., D-ABFT-FT
Principal Toxicologist
New York, NY
+1 518 416 3870
[email protected]
View Amanda’s Expert Profile
Amanda is board certified as a Diplomate in Forensic Toxicology by the American Board of Forensic Toxicology and has more than 12 years of experience in the field. Before joining Rimkus, she supervised forensic toxicology services in a state forensic laboratory, managing impaired driving casework, validating new test methods, and helping implement evidential oral fluid testing. Her expertise includes the pharmacology and interpretation of alcohol and drug results, blood alcohol estimation, breath testing devices, laboratory quality assurance, and chain of custody. Amanda holds an M.S. in Forensic and Investigative Science from West Virginia University and teaches chemistry and forensic science as an adjunct professor at Hudson Valley Community College.
This article is intended to provide general information and insights into prevailing industry practices. It is not intended to constitute, and should not be relied upon as, legal, technical, or professional advice. The content does not replace consultation with a qualified expert or professional regarding the specific facts and circumstances of any particular matter.