The trucking companies that operate across the country make their money based on the delivery of goods from one location to another. The faster the tractor-trailer can get those goods to the destination, the faster that truck can get back and pick up another load. This means that a trucking company is motivated to push its drivers to drive longer hours at faster speeds. While there are restrictions on how long a driver can be on the road before taking a mandated break, altering log books to hide the fact that the trucks are on the road for many more hours than is proper is not uncommon. When driver fatigue leads to accidents, the consequences are terrible for everyone impacted.
The Miami truck accident lawyers at Greenberg Stone and Urbano have more than three decades of experience in working to get their clients the compensation that they deserve for the harm that they suffered in a truck accident.
Although a deadline may be set based on a possibility that the driver can make the trip in the time allotted while still adhering to state and federal regulations, the schedule might be so tight that an unexpected traffic slowdown will make the deadline impossible without cutting corners and staying on the road beyond allowable hours.
In accordance with the Federal Motor Carrier Safety Administration (FCMSA) regulations for Hours of Service, a driver must get ten hours of rest after being on a work shift for fourteen hours. In addition, a commercial driver:
• Must only drive eleven (11) hours out of the fourteen (14) hour work shift;
• Must take ten (10) hours off after a 14 hour work shift; and • May not drive after being on duty for sixty (60) hours in a seven consecutive day work week or seventy (70) hours in an eight day work week.
The terrible effect of failing to adhere to these requirements was shown in Illinois on January 27, 2014, when a truck driver who had worked for more than thirty-eight (38) hours with only 3 1/2 hours of sleep collided with three vehicles on Interstate-88, killed a tollway worker, and seriously injured an Illinois state trooper. Officials do not believe that the truck driver was under the influence of drugs or alcohol, but that extreme fatigue might have led to this tragedy. According to an ABC news affiliate, although the driver was not on drugs or alcohol at the time of the accident, he did have a history of violations, including speeding while operating a commercial truck and other moving traffic charges. In addition, he had a felony conviction for possession of cocaine, which did not prevent him from obtaining a commercial driver’s license.
There are many reasons why a trucking company may be liable for the actions of its drivers, including a history of traffic violations. However, when a trucking company imposes deadlines that require a driver to break the rules in order to get the job done, it may be responsible when that driver causes harm to innocent victims who had the misfortune of being on the road with these dangerous truckers.
Miami Truck Accident Attorneys Fight for the Recovery Their Clients Deserve
A truck accident results in serious injuries because the size and weight of the tractor-trailer causes devastating impact forces when there is a collision. Having over 100 years of collective legal experience, the skilled truck accident attorneys at Greenberg Stone and Urbano have the knowledge and skills necessary to get the best results for crash victims. We work with our clients to develop the legal strategy that meets the unique needs of each person. Our commitment has been recognized by an “AV” rating from Martindale Hubbell, a membership with Primerus, and the designation of a top-rated South Florida firm from the Miami Herald. We have also earned the ranking of being “Superlawyers,” a title that designates us as being among the best lawyers in America. To discuss what happened to you and discover how we can help, please call (888) 499-9700 or (305) 595-2400 or visit our website.