The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service that truck drivers must follow. This rule, along with many others, is set at the federal level to ensure a safe driving environment for everyone.
Unfortunately, some truck drivers break the rules or are pressured by their employers to keep driving beyond the hours of service. When a truck driver is fatigued, they’re much more likely to lose focus and cause a truck accident.
Englander Peebles is a team of truck accident lawyers who work to represent the best interests of victims in these circumstances. In this article, we discuss the hours of service regulations for commercial vehicles in Florida along with the steps to take for truck accident claims.
What Are The Hours of Service for Truck Drivers?
The FMCSA regulates the hours of service (HOS) that truck drivers are permitted to operate commercial vehicles. In Florida, they must abide by intrastate hours of service rules.
Truckers in Florida can drive 12 hours after they have had 10 consecutive hours off duty. No truck driver is permitted to drive after the 16th hour after going back on duty after taking 10 consecutive hours of off-duty time. Truckers are not permitted to drive after 70 to 80 hours on duty in 7 to 8 consecutive days and are required to take 34 consecutive hours off to mark the end of this period.
These rules are strict because safety is a priority in the trucking industry. Those who fail to abide by the rules can face penalties. Even worse, they could cause a deadly truck accident.
Truck Accident Statistics and the Impacts on Public Safety
According to statistics published in 2023, nearly 170,000 truck accidents occur every year across the country. The states that had the highest instances of truck accidents were Texas, California, Florida, Pennsylvania, and Illinois.
In 2022 when these statistics were gathered, Florida had over 9,000 truck accidents. In all the truck accidents in the country, nearly 55,000 people were injured and over 5,000 were killed as a result. Investigating truck accidents is an important step because it could reveal negligence and allow a victim to claim truck accident compensation.
Hours of service, driver history issues, and being under the influence were among the top issues noted in statistics pertaining to the cause of truck crashes.
Understanding the Legal Complexities Involved in Truck Accident Claims
When truck accidents occur, the aftermath is often devastating for victims. If you or a loved one were in an accident with a truck, it is vital to get legal support for truck accidents. These cases are complicated because of the federal and state laws that pertain to the trucking industry.
In Florida, the no-fault insurance system means that drivers must go through their auto insurance policy to file truck accident claims. Some exceptions allow you to pursue claims from the truck driver, the trucking company they work for, and any other liable parties if you sustain severe injuries, medical expenses, and other losses.
One key thing to keep in mind is that Florida recently switched from a pure comparative negligence model to a modified comparative negligence model. This makes it more likely for truck accident victims to be assigned partial blame, which lowers their compensation awards.
If a trucking company’s insurer offers you a settlement check quickly, it is an acknowledgment of fault. However, it’s also likely much lower than your total losses caused by their negligent behavior. Truck accident lawyers can evaluate your case during a free initial consultation to determine your legal options.
How Truck Accident Lawyers Can Help You After a Florida Truck Accident
In most cases, truck accident victims sustain such catastrophic injuries that they wake up in a hospital room with little recollection of what happened. If this happened to you or a loved one, it can be more challenging to get evidence.
You likely don’t have a full understanding of all the regulations regarding hours of service or other requirements in the trucking industry. Choosing truck accident lawyers to represent you allows you to get the rest you need for your recovery. Your attorney can take over the case, from investigations to negotiations, to help you get the compensation you deserve.
For legal support in truck accidents, contact Englander Peebles.