The prevalence of fatigued commercial truck operators served as a basis for the Federal Motor Carrier Safety Administration establishing a new regulation that requires commercial truck drivers to electronically record their hours while they are behind the wheel, according to Fox 2 News.

Commercial truck drivers have been required to maintain hour logs since 1938, but federal regulators and trucking safety advocates pointed out the fact that paper logs can easily be manipulated or “lost” by the truck driver, or their employer, after a collision.

Mandating the use of electronic hour logging devices will help combat against this type of abuse by automatically recording the amount of time a truck driver has been on the road. These devices can also monitor vehicle movement, the total number of miles driven and even the exact location of a big rig.

This data will enable roadside safety inspectors to discover violators, hopefully, before a serious accident occurs.

Regulators estimate that these electronic monitoring devices will provide savings in the realm of $1 billion per year just by reducing the amount of paperwork that needs to be filled out by trucking companies and regulators.

More importantly, regulators anticipate these new devices will help save more than 25 lives and prevent more than 550 injuries each and every year as a result of a drop in the percentage of fatigued truck operators on roads and highways.

Push Back from the Trucking Industry

Despite the data showing financial savings, lives saved, and injuries prevented, the trucking industry is not happy with this new regulation. For example, the Owner-Operator Independent Drivers Association filed a lawsuit in an effort to stop this regulation from going into effect. Fortunately, their efforts did not prove fruitful and the regulation went into effect.

What To Do After a Truck Accident

If you or a family member was involved in a serious accident caused by a drowsy or fatigued truck driver, it is important to take legal action right away to ensure the data maintained in these monitoring devices is preserved and accessible by your legal counsel. Even with this safety regulation in effect, it can prove challenging to get a copy of the “black box” data maintained in most tractor-trailers. This is why your Miami truck accident attorney should immediately send a letter to the trucking company requesting that any and all electronic evidence from the big rig be preserved as soon as possible.

Injured in a Truck Accident? Speak to a Miami Truck Accident Lawyer Today

If you or a loved one suffered a serious injury in a wreck caused by the carelessness or fatigue of a commercial truck operator, swift action in retaining top-notch legal counsel is strongly recommended. Call the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free case review.

Resources:

nytimes.com/2014/06/17/business/truckers-resist-rules-on-sleep-despite-risks-of-drowsy-driving.html

fox2now.com/2016/01/05/new-laws-will-affect-how-truck-drivers-log-hours/

Federal Regulations Concerning Commercial Trucks

The Federal Motor Carrier Safety Administration is responsible for regulating all commercial vehicles, including tractor-trailers, big rigs, semi-trucks, and so forth. The federal regulations issued by the FMCSA involve specific actions of truck operators, maintenance of commercial vehicles, and trucking companies.

For example, commercial truck drivers are required to undergo regular testing for alcohol and drugs. There are post-accident testing protocols that can be utilized to assist accident investigators in determining whether the underlying cause of a collision was intoxication.

Another set of important regulations involving truck operators are hours of service. For example, a commercial truck driver is prohibited from operating a commercial truck after eight days of work until they have taken at least 34 hours off duty. This regulation is in place to prevent commercial truck drivers from operating these massive vehicles while being fatigued and drowsy.

Respondeat Superior

Commercial truck companies do all they can to try and show their drivers were compliant with federal regulations because, if a violation is discovered, it typically means the truck company can be held liable for any injuries caused by the truck driver’s negligence. This is due to a well-established tort principle known as respondeat superior. This means that an employer can be held legally responsible for the negligent acts of an employee if those acts are committed in the course of employment.

Companies Required to Provide Routine Maintenance to Commercial Big Rigs

There are a number of regulations governing the frequency and types of maintenance that a truck company must complete to ensure their vehicles are safe to be on public roads and highways. If it is discovered that a trucking company neglected to perform routine maintenance and that resulted in a collision, the company can be held responsible for their negligence.

Obtaining Vital Evidence to Establish Your Injury Claim

If you file a personal injury claim against the truck driver and their employer, it is extremely important to take swift action in collecting evidence. For example, most commercial big rigs have a “black box” that tracks important information such as the speed of the truck before and during the time of the collision, the stops made, and so forth. The information on a black box has the power to make or break a truck accident injury case.

Contact a Miami Truck Accident Injury Lawyer Today

As you can see, when you or a family member is involving in a collision with a commercial truck, you need to take legal action sooner rather than later to ensure important evidence is preserved. You also need to have an experienced attorney by your side to take on the big trucking company. That is why you should contact the Miami truck accident injury lawyers at the office of Alan Goldfarb, P.A. to schedule a free consultation.

Resource:

fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations

Causes of 18 Wheeler Accidents

Large trucks are critical to business and industry in Florida. The large volume of trucking traffic moving through Florida daily means that the potential for 18-wheeler accidents is high. The causes of truck accidents are similar to cause of automobile accidents. However, the consequences can be more deadly and devastating. Although there is no one cause of trucking accidents, common causes include:

• Driver fatigue;
• Drug use;
• Alcohol use;
• Speeding;
• Distracted driving;
• Inexperienced driver;
• Mechanical failure; and
• Overloaded vehicle.

18-wheeler Trucks Must Adhere To Strict Guidelines

While the causes of truck accidents are similar to causes of automobile accidents, there are federal state and federal regulations for the trucking industry. Federal law subjects truck drivers to strict guidelines on all aspects of trucking including: amount of hours driven in a day, the proper way to load a trucks, procedure to follow after an accident and proper driving maneuvers. Likewise, Florida law regulates the movement of a truck while passing through city limits. These laws are in place to help protect public safety and decrease 18-wheeler accidents. If an accident is caused because a driver failed to adhere to these regulations victims may have a potential legal claim.

Legal Claims Help 18-wheeler Accident Victims Recover

A legal claim may be key for a victim seeking to recover fully after a truck accident. Many accident victims may be able to use insurance to cover some costs after an accident with a truck. However, filing a legal claim will help a victim recover damages for medical bills, property damage, pain and suffering, lost wages or wrongful death. Furthermore, filing a legal claim will prompt an in-depth investigation. An investigation into the cause of the accident may reveal multiple responsible parties.

18-Wheeler Victims Accidents Deserve Compensation

Legal claims involving 18-wheeler accidents can be lengthy and complicated. It is possible there will be multiple parties involved in every aspect of the claim. If you or a loved one was injured in an accident with a truck, then you will want an attorney capable of handling a multifaceted claim. Alan Goldfarb, P.A. has successful experience in personal injury law. The Miami truck driver accident attorneys at our firm can provide you and your family advice and counsel on your options after a truck accident. Contact us to schedule a free consultation with our office by calling (305)-371-3111.

Florida is not immune to this big problem. A 2012 study by the National Highway Traffic Safety Administration showed that among the 50 states, Florida has the third highest number of fatal crashes involving big-rigs. In fact, of all the fatal crashes in Florida, 5.7% involved a large truck. The numbers are that high for several reasons. Florida has over 83,000 miles of roads, and those roads are full of big trucks delivering goods and transporting merchandise from one end of the state to any given point in the country. This large number of accidents involving trucks has prompted some in Washington to think about making changes to the trucking industry.

Government Agency Proposes Insurance Hike

The Federal Motor Carrier Safety Administration is charged with reducing crashes, injuries, and fatalities on the road with large vehicles like trucks and buses. There are many resources at the agency’s disposal to accomplish this, including the ability to help pass and enforce regulations related to large trucks. One such proposed regulation by the agency is to increase the amount of insurance that eighteen-wheelers must carry to drive on the roads. Currently, general freight carriers are only required to carry $750,000 in insurance coverage. If the agency has its way, however, that requirement could be bumped up to $1,000,000.

A bump in coverage would be to cover the ever increasing medical costs of accidents with big rigs. Catastrophic accidents in particular can easily cost a victim more than $750,000. Of course, this number can increase significantly if the accident results in death, as survivors may be required to cover the costs of medical bills and hospital stays, funeral and burial costs, and the difficulty associated with lost earnings. Furthermore, survivors may also experience damages associated with pain and suffering and loss of consortium, as well.

Call Our Attorneys Today

The stark reality is that anyone driving on the road can get in an accident with a big truck, and that can be catastrophic. The busy roads and crowded traffic of the Miami area can be especially dangerous to drivers of regular cars. Victims of large truck accidents need the help of an experienced and professional law firm that dedicates its practice to large truck accidents. The attorneys at Alan Goldfarb, P.A. are prepared to help ensure you recover the compensation you deserve after your accident in Miami.

Just last week, a Ponte Vedra Beach, Florida man lost his life when a large truck lost its wheel and went through his windshield on Interstate 95. This tragedy is only one of an estimated four thousand that will occur this year according to the National Highway Traffic Safety Administration. In 2012, 3,921 individuals lost their lives in truck-related accidents. This was a 3.7% increase in deaths since 2011, and the numbers show increases each year.

What Makes Trucks so Dangerous?

There are a variety of factors that contribute to the danger large trucks pose to other drivers. Most obviously, the sheer size of trucks poses a threat. Trucks driving on Florida roads can weigh up to 80,000 pounds and can have up to 18 wheels. Despite “wide turn” warnings on the backs of trucks, other drivers tend to underestimate the truck’s size and the truck driver’s ability to see. Visibility is a key issue when trucks span the width of three cars and have limited vision out of the rear-view mirrors that smaller vehicle drivers can more readily rely upon.

Weight

Weight is, of course, a contributing factor in truck crashes. Despite weigh stations placed off of major highways, not all drivers and companies comply with weight regulations. Weight requirements ensure the roads trucks travel upon can withstand the pressure the trucks place on the ground. Weight requirements can differ based on the city and on things such as bridges, expressways, and smaller city roads. Out-of-state drivers must familiarize themselves with these regulations before entering Florida, and have a continuing obligation to comply with posted laws when there. If drivers fail to comply, heavy trucks can crack roads, lose parts, and create significant danger to other drivers.

Drivers

While it is ultimately a company’s responsibility to ensure their drivers are in compliance with state and federal law with things such as weight, the negligence and actions of drivers can cause accidents too. Two recent accidents in Florida shed light on the problem of long hours and insufficient training of truck drivers. First, 75 gallons of diesel fuel spilled onto the roadway after a truck driver fell asleep at the wheel. Incidentally, this was nearly the same site where a tractor-trailer lost control, caused an accident and accompanying fire, and killed one person.

What if I Was Injured in a Truck Accident?

We understand how frightening it can be to be in a car accident, especially one involving a truck. At Alan Goldfarb, P.A., our team of experienced truck accident attorneys can help you through this difficult time. If a truck driver, company, road engineer, mechanic, municipality, or anyone is found responsible for causing you injury or costing a loved one their life, you may be entitled to compensation. This compensation can help you recover lost wages, pay medical bills and subsequent treatments, or compensation for pain and suffering, among other things. These types of cases require inside knowledge of the judicial system and experienced litigators who will investigate and advocate on your behalf. Do not hesitate to contact our office in Miami, Florida and let us help you today.