The danger of underage truck drivers… The longstanding truck driver shortage has the industry scrambling to fill the labor gap. Perhaps nowhere is this more acutely felt than in long-haul, “over the road” (OTR) positions, as these trucking routes require the most experienced drivers.
What does a OTR trucking position require? An OTR truck driver routinely spends 3-4 weeks a month on the road, often sleeping in either their 18 wheeler truck’s cabin or staying in motels. Driver fatigue is common in this industry. About 2 million truck drivers worked as long-haul truck drivers in 2019, moving over 70% of all American freight.
Driving is a skill that improves with age
The ongoing shortage of OTR truck drivers has forced some legislators to consider easing the age restrictions on interstate trucking, allowing drivers as young as 18 years old to cross state lines. Presently, eighteen year olds in most states are allowed to obtain their commercial drivers licenses (also called a “CDL license”) and drive only within the state in which they are licensed. Federal regulations consistently stipulate that no OTR driver is to be under the age of 21, and safety statistics support this benchmark, as drivers over the age of 21 are shown to be safer drivers. The Federal Motor Carrier Safety Administration recently announced a pilot program to explore this initiative. We are strongly opposed to these pilot programs. We believe that initiatives to lift age restrictions in this dangerous industry are risky, shortsighted, and inappropriate.
Driving is a skill that improves with age. As any insurance schedule will tell you, young people are more likely to drive distractedly, speed, and be involved in accidents on the road. Drivers between 15- and 20 years-old account for 6.4% of total drivers on the road, but over 12% of drivers involved in fatal accidents. (Put another way: while drivers between 21 years and 24 years are still too young to legally rent a passenger vehicle, some legislators want to put drivers with even less experience behind the wheel of an 80,000-pound big rig – an 18 wheeler truck.)
Multi-million dollar trucking companies assume the risk
One might wonder why trucking companies would assume so much extra risk. The answer is a statistical metric called: expected loss. Big truck carriers are multimillion-dollar businesses — with multimillion-dollar insurance policies, and legal teams to defend them. The system builds in an expected number of accidents, settlements and lawsuits into their business model, and works within a range of catastrophic events that the actuarial tables deem acceptable (and, for the company, profitable). Trucking companies are betting that the value of underage labor will be higher than the resulting costs (both in insurance premiums and legal fees). Their shareholders will see a bump in stock value by leveraging the risk of employing underage, inexperienced drivers — and everyone sharing the road with them.
The trucking labor shortfall is likely the result of a number of factors — strict drug testing regulations, unappealing work schedules, and relatively low pay. The solution must be multifactorial as well. While this is billed as an “emergency measure”, we must remember that the pandemic is not to blame for the 18 wheeler truck driver shortage. While the truck driver shortage is now estimated at 80,000, the American Trucking Association was already reporting a labor shortfall of 60,800 in 2019. The labor market gap predated the pandemic; there is no reason to cut corners with safety or regulatory practices now, just as there was no cause to do so in 2019.
A sweeping move to reduce age restrictions will only serve to increase trucking accidents as a new cohort of inexperienced drivers take to the road in 40-ton vehicles. The trucking industry seems willing to trade their labor shortfall and high turnover rates for an increase to their personal injury liability. Not that their insurance carriers mind, as many of these big corporate carriers have huge insurance policies and teams of lawyers to cover the eventual crashes.
Labor shortage solution: improve truck driver working conditions
What is the solution to the tractor trailer driver shortage? We suggest a widespread marketing campaign to entice more age-appropriate drivers, regulatory changes in shipping and receiving, an industry-wide movement to improve working conditions, and an initiative by the many multi-million dollar trucking carriers to pay a fair wage for the work. Spend some of this corporate money to help the people who make your business a success.
The solution is not to go cheap. To cheapen the industry is to put other motorists at risk by lowering the minimum driving age — and put inexperienced drivers driving 18 wheeler trucks on the road.
While we applaud the initiative and determination of these young drivers to start their careers in the industry, we are opposed to having teenagers driving across state lines, effectively becoming inexperienced long-haul drivers, with all of the danger and stress of an OTR driving position.
Trucking age restrictions are in place for a reason. While the truck driver shortage is real, lowering the age limit for OTR trucking will only lead to more fatal crashes, car accidents and ongoing supply chain challenges in the United States. Trucking companies must never put labor supply issues ahead of safety. Our firm continues to advocate for a safer trucking industry.
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If you have been involved in a truck crash, and are seeking out the best truck accident attorney for your case, please review the qualifications and industry background of potential lawyers or law firms. We have made every effort on this website to be transparent in our knowledge of the industry, and our trial verdicts/settlements; we welcome the opportunity to discuss your potential case and answer any questions you have. Please contact us at 303-444-1505 for a free consultation.