Who is Liable After a Truck Accident?
While there are many parties who can be held liable for a truck accident, the trucking company is most often held liable. There are many reasons for this including that they are often caught encouraging their drivers to break laws and regulations in order to help save their company money and time.
A truck driver can also be held liable and usually is if accident was directly caused by their negligence such as driving under the influence of drugs or alcohol for example. Although it happens less often, there are other parties that can be found responsible. Our firm is experienced in investigating truck accident claims and is ready to fight for you.
Federal Regulation Compliance & Florida Truck Accidents
The commercial trucking industry is under federal regulations designed to ensure the safety of truck drivers and other motorists. Failing to follow these regulations increases the likelihood of a truck accident occurring.
Our firm has handled cases involving varied failures to follow federal regulations, including:
- Number of driving hours
- Commercial driving licenses (CDL) requirements
- Use of drugs or alcohol on the road
- Proper loading procedures
- Proper inspection and maintenance
- Driver qualifications
- Transporting hazardous materials
Because professional drivers are held to a higher standard of safety than the general public, we also look into the training, hiring, and safety record of the driver and company involved in your accident, or loved one's wrongful death. If any regulations were violated willfully, we will work to seek the maximum compensation from responsible party, including the truck driver, owner, and trucking company.
What Are the Hours of Service Regulations?
Because trucks cause so much damage to others on the road when an accident happens, truck drivers and the companies they work for are required to follow more regulations than other drivers. One of these rules is called the hours of service regulation which are primarily aimed at preventing truckers from being overworked, and in turn, preventing fatigued driving accidents. According to these rules:
- Truck drivers can work up to 14 hours in a single workday
- Truck drivers can only drive for 11 hours with the remaining hours being spent on rest or meal breaks.
- Drivers must rest for at least 10 consecutive hours at the end of each workday
- Truck drivers are required to take days off work at regular intervals
A Track Record of Success
Why Smith & Stallworth?- We've Handled Hundreds of Personal Injury Cases
- We'll Meet You at the Scene of Your Accident
- Aggressive Trial & Negotiation Skills
- One of the Premier Law Firms in Tampa & Ft. Lauderdale
- We Treat Each & Every Case With Attention & Respect
- Over Three Decades of Combined Legal Experience