Drivers of all kinds regularly encounter visibility issues while behind the wheel. Whether it’s fog, torrential downpour, snow, smoke or glare from the sun, everyone must assess their ability for the conditions and decide if it is safest to get off the road or continue driving. For those driving commercial motor vehicles (CMVs), it does not matter what you think of your own ability; rules and regulations clearly specify when it is best to stop driving. But do all truck drivers follow those guidelines?
Professional drivers typically operate vehicles that are of large size and weight, meaning these drivers are held to a higher safety standard than those in passenger vehicles. Both the Federal Motor Carrier Safety Regulations (FMCSRs) and the Commercial Driver’s License (CDL) Manual outline exactly what measures CMV drivers should take when visibility becomes limited, meaning all drivers and their employers should be aware of when it is considered safe to drive and when it is not.
However, Nationally Recognized Truck Accident Attorney David W. Craig recently conducted a survey of over 100 professional drivers regarding how they handle visibility issues, and the results are shocking.
Current Visibility Guidelines
All professional drivers must have the skills necessary for assessing visibility and other hazards while driving a CMV. This is considered a part of Section § 383.110 of the FMCSRs, which states that drivers must have the knowledge and skills needed to safely operate their vehicles. Sections § 383.111 and § 383.113 also include overviews of the required knowledge and skills, ranging from the ability to operate in extreme driving conditions and recognize the hazards associated with them to proper vehicle inspection to ensure maximum visibility while driving.
In section § 392.14, it is clearly stated that “Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.” Professional drivers should be familiar with this particular regulation and act accordingly based on their environment.
The CDL Manual also supplies drivers with many guidelines for handling limited visibility. All professional drivers are required to pass the CDL test, meaning they should be accustomed to the materials in the manual. Section 2.4 outlines the level of awareness drivers should have while on the road and paying attention to what is going on around the vehicle. It also specifies that operators should be looking far enough ahead to give themselves time to react to potential hazards.
Section 2.6 focuses on the ability to control and adjust speed depending on road conditions, like visibility. Drivers are advised to ensure they have ample stopping distance, but they must understand that visibility can result in shorter perception distance, meaning operators should drive slower to bring their vehicle to a stop within their range of sight. Professional drivers are also required to see and anticipate hazards, as is stated in section 2.8, and visibility issues are classified as a road condition that is a possible hazard.
Furthermore, section 2.13 of the CDL Manual covers the measures drivers should take when dealing with winter weather conditions, especially if they affect visibility. Operators must be able to thoroughly inspect their vehicles to ensure everything is in working order for driving in adverse weather, including close inspection of defrosters, windows, mirrors, and other parts that can impact visibility.
Weather conditions are a major contributing factor to visibility-related accidents. According to the FMCSA, a majority of crashes happen on days with clear weather conditions, which accounted for 73.1% of fatal crashes and 74.4% of injury crashes in 2022. However, it is important to keep in mind that clear conditions can lead to drivers struggling to manage sun glare that makes it difficult to see. Rainy weather conditions accounted for 6.6% of fatal crashes and 7.8% of injury crashes. Snowy conditions were a factor in 1.6% of fatal accidents and 2% of injury accidents. Lastly, fog, smog and smoke contributed to 1.6% of fatal wrecks and 0.6% of injury wrecks.
Driver Survey Results
Over the years, Craig, Kelley & Faultless has handled numerous semi wrecks caused by visibility issues. Visibility issues are never a valid excuse for a semi accident. The rules cited above require a professional driver to adjust their driving in situations where their visibility is affected. Although the majority of drivers do adjust their speed for snow, rain or fog, it is shocking how many commercial motor vehicles drivers do not slow down for glare.
The firm is currently representing a victim of a semi crash who was stopped in traffic on I-70 when a semi driver blinded by the glare of the sun plowed into the rear of her vehicle, nearly killing her. Despite their inability to see clearly due to the glare of the sun, the semi driver failed and refused to slow down.
Failure to address visibility issues is a major safety problem in the trucking industry, and many drivers who cause devastating accidents place the blame on an inability to see. However, the FMCSRs and the CDL Manual both clearly explain what measures should be taken to prevent accidents when visibility is limited.
To get a better understanding of CMV driver perspectives surrounding visibility and how they believe limited visibility should be handled, Truck Accident Attorney David W. Craig conducted a survey of 104 commercial drivers. They were asked about safe driving practices in different conditions with the goal of gaining insight into what types of support drivers have from their employers when adverse driving conditions impact their vision. Although the sample size is small, these data can be used to better understand general attitudes and perceptions in the industry.
The participants surveyed operate a variety of commercial vehicles or work in other aspects of the trucking industry and come from several regions. Of the participants, 43% are commercial truck drivers, 17% are fleet managers, 10% work in logistics, 8% are delivery drivers, 5% are owners/operators, 5% are bus drivers, and 13% were classified as “other”. Regarding the regions they work in, 26% are in the Southeast, 24% are in the Northeast, 21% are in the Midwest, 14% are in the West, 13% are in the Southwest, and 1% in Hawaii.
When asked to provide details on the different adverse driving conditions they have dealt with, professional drivers indicated that they face the most adverse effects from driving in sunlight, with 82% of drivers highlighting this issue. 74-75% said they have been impacted by torrential downpours or by fog, dust or smoke. Regarding snow or ice storms, 63% stated they had experienced limited visibility in those conditions. Overall, 89% of the participants indicated they had been impacted in some way by at least one of these hazards, and 83% felt they received at least some help from their employers when they are faced with hazards conditions that affect visibility.
When it comes to how drivers feel their employers help them to avoid driving hazards, two in three stated that their employer:
- Offers flexible routes to account for potential delays (69%)
- Has a system that communicates real-time updates on the weather or safety directions (63%)
- Provides regular fleet maintenance to ensure vehicles are prepared to handle adverse conditions (63%).
At least half of those surveyed felt their employer:
- Offers safety training for drivers (59%)
- Provides optimized routes and reroutes (53%)
- Provides emergency supplies onboard (53%)
- Designates backup routes for when weather becomes hazardous (50%)
Furthermore, 33% stated that their employer provides compensation if they need to pull off the road, and 20% said their employer consolidates shipments.
Each driver was asked to specify the actions they take to mitigate different vision impairments due to road conditions, including mitigating the sun; rain; ice and snow; and fog, smoke and dust while driving. Ultimately, drivers tend to slow down and turn on lights during inclement weather, become more consciously cautious of their vehicle and traffic around them during inclement weather, and rarely push through when weather or conditions become adverse, but several expressed a willingness to stop driving and wait for conditions to improve.
However, most of the participants do not do any of the previously mentioned actions when they are blinded by the sun. In fact, 58 drivers said they mitigate the sun by putting on sunglasses, 42 pull the sun visor down and 7 choose to block it with their hand or move their head. 14 of the participants said they either focus on the lane, pull over, slow down, don’t deal with it, or squint. These data show that drivers do not treat sun glare as equivalent in danger to driving in adverse weather conditions, despite sun glare greatly affecting any driver’s ability to see the road and 82% of those surveyed stating they face the most adverse effects from driving in sunlight.
Professional drivers face all kinds of hazardous weather conditions that affect their ability to drive safely every day. Based on the data collected, it is evident that some drivers are provided with support from their employers to ensure the safety of themselves and others, but there is still room for improvement in the industry. When drivers are forced to choose between pulling over for safety or continuing to drive to ensure they are paid, they should not feel they must sacrifice pay for the sake of safety. Preparing drivers with proper fleet maintenance, providing emergency supplies, and designating backup routes is the bare minimum. Until the trucking industry is willing to prioritize the safety of their drivers, wrecks caused by hazardous conditions will continue to happen.
Injured After a Truck Wreck? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired. Additionally, two of the firm’s litigation paralegals are board-certified in truck accident law by the Academy of Truck Accident Attorneys. As David has said, “We don’t just handle truck accident cases. We specialize in these cases.”
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
Reach out for a free case consultation today at (888) 253-5198 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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