Semi Trucks are Strictly Regulated

As this accident demonstrates, semi trucks moving at highways speeds present a unique danger to other cars on the road. Because a collision with a semi truck can cause so much damage, semi truck drivers must take extra care when driving. Even a simple semi truck accident could have devastating consequences for accident victims. Federal regulators understand the damage a semi truck can cause and the Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry with the goal of reducing crashes and fatal accidents:

• Hours of Service Rules: the FMCSA limits the number of consecutive hours a driver can work without resting. Generally, drivers cannot drive more than 60 or 70 hours per week. Drivers with cargo are limited to driving 10 hours per day and drivers carrying passengers are limited to driving 11 hours per day.
• Distracted Driving Prohibited: The FMCSA prohibits semi truck drivers from using cellphones while driving. Specifically, semi truck drivers may not use mobile devices to text. Regulations do allow semi truck drivers to use a handsfree and voice activation to make phone calls.
• Alcohol and Drug Testing: semi truck drivers may not drive under the influence of drugs or alcohol. FMCSA regulations make it illegal for a semi truck driver to drink four hours before driving. Additionally, drivers are required to take drug tests before they are hired.

The state of Florida also attempts to decrease semi truck accidents by prohibiting drivers from following within more than 300 feet of another vehicle. While the cause of the above accident is still unknown, if an investigation reveals that a semi truck driver violated federal or state regulations, then the victim’s family may have a basis for filing a wrongful death suit against the driver and the company employing the driver.

Contact an Attorney

Semi trucks can cause devastating damage. Their size and weights makes it possible for semi truck accidents to result in lifelong disability and even death. If you have been in an accident with a semi truck, or if you have lost a loved one in a semi truck accident, then please contact the Miami truck accident attorneys at the office of Alan Goldfarb, P.A.. We can discuss you case with you and help you determine if a state or federal law was violated when your accident occurred. Please contact us today at 866-936-9761 to discuss your case.

While this is an interesting story, and possibly comical, it underlines how serious large truck accidents can be. Fortunately no person was injured in this accident, but in a different set of circumstances there could have been a number of tragic injuries. Typical car accidents are not like big-rig accidents at all. And truck driver negligence on Florida’s roads cause many accidents each year. We don’t know whether this driver was negligent in how he kept his tires, but this could have easily been an accident that involved a family in a minivan as victims along with the sharks.

Federal Government Standards

The federal government has established standards that each driver must follow in order to drive on America’s highways and byways. Those standards are established and enforced by the Federal Motor Carrier Safety Administration. Established by Congress in the 90s as an offshoot of the Department of Transportation, the FMCSA is focused solely on regulating large motor carrier trucks and buses.

The standards established by the FMCSA are simple and straightforward. And if a trucking company or trucker breaks them, they can be suspended. The rules involve driver qualifications, how much time a driver can spend driving in a week, and truck maintenance. These rules are tied to whether a trucking company or driver can operate, and they are applicable all over the U.S.

The FMCSA enforces these regulations regularly. In fact, several companies were shut down this year because of rules violations impacting safety. In April a company from South Carolina was shut down by the agency for failing to systematically repair, inspect, and maintain its commercial trucks. It also failed to test its truckers for controlled substance and alcohol abuse.

What to Do if Injured in a Trucking Accident

Besides the federal government’s law, there are Florida state laws that protect drivers. Under civil law, every trucking company and truck driver has duty to operate their business and truck in a reasonably safe manner. If they fail to do that, and hurt another driver in the process, they are liable for the damage. Essentially, nearly every accident can be avoided and the damage prevented if all truck drivers and truck companies did their job to this standard. But sadly there are too many stories of innocent drivers and their passengers who have their whole lives turned upside down due to negligent truck drivers.

If you are injured in an accident involving a big-rig in the Miami area you will need an attorney with a practice focused on this area of law. At Alan Goldfarb, P.A. we are dedicated to representing victims of accidents and injuries. Contact us so we can evaluate your case and inform you of your options.