The trucking industry transports goods all over the state of Florida, but accidents with these large vehicles can lead to severe injuries. The state takes the safe operation of large trucks on its roads seriously and works hard to protect the citizens who share roads and highways with them. They assess the impact of truck accident lawsuits on highway safety policies in Florida and apply appropriate safety regulations when necessary.
If you or a loved one was injured in a recent collision, a truck accident lawyer can investigate the accident for any violations of state and federal laws that led to your accident. They can also build a claim to file with the responsible parties’ insurance companies to get financial compensation for your injuries and losses.
Hours of Service Restrictions Can Decrease Fatigue-Related Truck Accidents
Truckers drive long hours and distances in the everyday course of their jobs. Driver fatigue can cause inattentiveness and lead to serious, potentially, life-threatening collisions. Truck driver fatigue is often a leading cause of commercial truck accidents in Florida.
To combat this commonly reported cause, Federal Motor Carrier Safety Administration (FMCSA) regulations require truck drivers to:
- Drive a maximum of 11 cumulative hours after 10 consecutive off-duty hours
- Stop driving after the 14th consecutive hour after 10 consecutive off-duty hours
- Take a half-hour break after driving eight cumulative hours without one
- Spend less than 60/70 hours on duty in a one-week period
The state’s response to violations of the hours-of-service federal regulations is to impose penalties on those drivers. If you were injured by a fatigued commercial truck driver, you and your personal injury lawyer can also file a civil lawsuit against the liable party for financial compensation.
CDL Licensing Is Carefully Regulated in the Florida Trucking Industry
Driving a large truck is a demanding job that requires skill, focus, and unwavering attention. Florida laws closely regulate driver training to ensure roadworthiness. To obtain and hold a commercial driver’s license (CDL), FLHSMV requires the following:
- Class A drivers to pass knowledge, combination vehicles, and skills tests. Further requirements include pre-trip vehicle inspection, basic vehicle control, and on-road testing.
- Class B and C drivers must meet some of the above requirements but have some restrictions on vehicle weight and are not licensed to operate combination trucks.
Drivers are also required to have specific endorsements related to truck type and cargo load. Unlicensed or improperly licensed or trained drivers pose a risk on the road, so the state makes these requirements to avoid accidents and subsequent truck accident claims and lawsuits.
State and Federal Law Prohibits Truck Drivers From Texting While Driving
At the state level, Florida Statutes § 316.3025 prohibits texting while operating a commercial vehicle. At the federal level, 49 CFR § 392.80 makes the same prohibition. These laws are designed to avoid the danger of distracted driving. Beyond texting, potentially dangerous distractions include:
- Operating GPS devices
- Interacting with social media
- Eating and drinking
- Tailgating and rubbernecking
Accidents caused by texting while driving include jackknife truck accidents. Anything inside or outside a truck that takes the driver’s attention off the road can cause an accident. Because trucks require significantly higher stopping times than smaller vehicles, adhering to no-texting laws is critical.
Additional Florida and FMCSA Laws That Govern the Trucking Industry
State and federal governments work together to safeguard the trucking industry with the following additional laws and regulations:
- Large commercial trucks must be regularly cleaned, serviced, and maintained
- Hazardous materials must be properly labeled and carefully transported
- Trucks and loads must meet the required size and weight limits
- Certain trucks must register with the Florida Department of Transportation (FDOT)
- Certain trucks must display the required FDOT numbers
- Truck drivers must adhere to blood alcohol content (BAC) limitations
Florida also has lane restrictions that prohibit lane use for large trucks. Its purpose is to limit interaction between vehicles of vastly different sizes and reduce the instances of car versus truck accidents and the resulting lawsuits. Your personal injury attorney can review your case and see if these laws apply to your truck accident claim.
Ignoring Truck Accident Laws Can Form Negligence in Personal Injury Claims
To sue a truck driver or the trucking company, you have to prove that a negligent action caused your accident. That means proving the at-fault driver:
- Owed you a duty of care to obey all rules of the road and trucking regulations
- Intentionally or unintentionally breached their legal duty and responsibility
- Their negligent action caused the accident and your injuries
- The results of the accident left you with significant financial damages
How Florida laws affect personal injury settlements
Distracted driving, hours-of-service violations, driver fatigue, and improperly loaded or balanced cargo are all examples of negligence. A truck accident attorney will help you file an insurance claim or personal injury lawsuit.
Get Legal Support for Your Truck Accident Case
The impact of truck accident lawsuits on highway safety policies in Florida can make roads and highways safe for everyday travelers. If you or a loved one is facing the devastating consequences of a truck accident, our legal team at the Law Offices of Wolf & Pravato will fight for your medical bills, emotional distress, and lost income.
Truck accident victims deserve fair compensation for their losses. Call (954) 633-8270 to contact our consultation team and learn more about our responsive, communicative legal service.
