Commercial trucks operating on Florida roads are subject to two main sets of regulations: state and federal.
The FMCSA regulates interstate commercial trucking at the national level. Florida has adopted many federal safety regulations into its own state motor carrier laws.
When a trucking company or driver violates these standards, the violation can serve as evidence of negligence in a truck accident case.
Hours-of-Service Requirements
The FMCSA regulates how long a truck driver can remain behind the wheel without a rest period. Cargo-transporting drivers are generally limited to 11 hours of driving within a 14-hour on-duty window, assuming they’ve spent at least 10 consecutive hours off duty. Drivers must also take a 30-minute break after 8 cumulative hours of driving.
These limits seek to minimize driver fatigue, which is one of the leading causes of serious truck accidents. Hours-of-service violations can serve as clear evidence of a driver or trucking company’s negligence.
Electronic Logging Devices
Most commercial drivers are required to use electronic logging devices (ELDs) that automatically record key travel data, chiefly driving time. ELD data creates a digital record that can confirm or contradict a driver’s account of their hours leading up to a crash.
Vehicle Inspection and Maintenance Standards
Skipped inspections and deferred maintenance are a common cause of actions. Therefore, FMCSA regulations require carriers to conduct regular vehicle inspections, including a driver’s pre-trip and post-trip inspection reports. It also requires trucking companies to maintain detailed records of maintenance and repairs for every truck in their fleet.
Drug and Alcohol Testing
Commercial drivers are subject to federally mandated drug and alcohol testing during many stages of employment. This includes the pre-employment screening, random testing, and post-accident testing.
Driver Qualification Standards
FMCSA regulations require drivers to hold a valid commercial driver’s license, meet specific medical certification requirements, and pass background checks before operating a commercial vehicle. Carriers that fail to verify that employees meet these qualifications can be held liable for negligent hiring or retention.
Florida Rules for Truck Drivers
Florida requires commercial drivers to hold a valid CDL and imposes state weight and size limits on all cargo. Florida also bans texting for all motorists, with commercial drivers prohibited from all handheld phone use while driving.
Florida also participates in roadside inspections through the Commercial Vehicle Safety Alliance, checking trucks for state and federal safety compliance. A truck with serious violations can be placed out of service until corrected; repeat violations can affect a carrier’s safety rating.
Violations of FMSCA Regulations and Negligence Claims
When a trucking company or driver violates an FMCSA regulation, it can serve as direct evidence that the carrier or driver acted negligently. This evidence can be extremely persuasive in a truck accident case.
If you were injured in a crash involving a commercial truck, an experienced attorney can investigate whether the driver or trucking company violated FMCSA regulations and owes you compensation for any resulting accident and injuries. Contact Elliott Law Firm, PLLC to schedule a free consultation to learn more about your legal options.