This is why ELD's are going into effect.

The truck driver couldn't stay awake for seven minutes...

About 5:07 a.m. (9 minutes before the crash), the California Highway Patrol (CHP)​

initiated a traffic break for both east- and westbound traffic on I-10 in support of utility work that
was being performed about 1.5 miles west of the crash location. (A traffic break is a method of
temporary traffic control that is used to slow or stop traffic, most typically to allow for completion
of construction activities.) At that time, a 2015 International Prostar truck-tractor in combination
with a 2012 Utility semitrailer, operated by Tri-State Collision LLC, was traveling westbound on
I-10. The combination vehicle stopped when it reached the traffic queue that had formed as a result
of the break. About 5:14 a.m., after a traffic break that lasted about 7 minutes, the CHP released
westbound traffic to start moving again. Despite the release, however, the combination vehicle
remained stopped in the center-right lane of the four-lane westbound roadway and, according to
witnesses, was stationary as westbound traffic resumed normal flow.

About 2 minutes after the traffic break ended, a 1996 Motor Coach Industries International​

Inc. (MCI) 47-passenger motorcoach, operated by USA Holiday, was traveling at highway speed
on westbound I-10 in the lane in which the combination vehicle was stopped. The motorcoach,
which was occupied by a 59-year-old driver and 42 passengers, struck the rear of the semitrailer,
intruding about 13 feet into the semitrailer and pushing the combination vehicle 71 feet forward
before coming to a stop. As a result of the crash, the bus driver and 12 passengers died, and the
truck driver and 30 passengers were injured.

- https://www.ntsb.gov/news/events/Documents/2017-HWY17MH005-BMG-abstract.pdf


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He may have just stepped into the back to pee in a bottle.

 

I read the whole report, and it shows that the arguing back and forth had merit and no merit. 1, clearly the driver had no time jump in the sleeper, so those defending his sleeping based on multiple hour shut downs are off base. Yet, it indicates that the bus driver was the one falsifying his log. He was the one who had only 4 hours in the previous 24, so skewering this driver for egregious log violations, at least based in this report, is misplaced. We, as drivers should know that general statements of violating hours of service can be very

 

Reafing the ntsb report supports some of your points and some of those arguing with you.

First, the traffic break was not ling enough to justify sleeping as multiple hour shut downs would. Yet, as professional drivers, we know that undefined hours of service violations are worthless, and although identified in the report, the 4 hour break in the previous 24 was the bus driver, not the truck driver. He could have taken 9.75 hour break or driven 11.25 hours. or driven a 1/2 hour after being on for 14 hours. None of those warrant prosecution for manslaughter, nor does the report suggest that his HOS violations were why he was sleeping, rather the report identifies his undiagnosed sleep apnea as a major factor in his sleeping.

 

That isn't the full report, just the abstract from the public presentation. The full report still needs to be finalized. It mentions at the beginning, that it "does not include the Board’s rationale for the conclusions, probable cause, and safety recommendations." I would expect the full report to go into much greater detail.

The abstract absolutely does mention the truck driver having violated HOS:

"The truck driver had violated hours-of-service regulations for several days prior to the crash."​

The statements from the CHP and prosecuting DA said 20 violations in the four days prior to the accident and less than seven hours "sleep opportunity" in the 24 hours prior. They did not mention the specifics of the violations so I am hoping the full NTSB report does.

Sleep apnea is a well-known issue with truck drivers and it is incumbent upon drivers and carriers to ensure that it is both diagnosed and treated. It is unfortunate that truck driving has evolved the way it has and is not treated the same as a trade like plumber, electrician, etc. Regardless, we have an obligation to conduct ourselves in the safest and most professional manner possible. For a lot of reasons, being the "freewheeling, 'outlaw' driver" is long past.

People in the industry whine and complain about being micromanaged by government and companies, but this is a prime example of why.

I think the DA is "piling on" the charges, but I think they are justified in doing so. Too many drivers and carriers pay lip service to safety and professionalism and are in sore need of a wake-up call.

As an aside, I hadn't noticed the unfortunate name of the carrier prior to the NTSB abstract... collisions in three states.