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Common trucking violations that lead to serious and fatal accidents include hours-of-service violations, weight-limit violations, and truck maintenance violations, among others. All of these violations can serve as grounds for victims and their families to seek financial compensation under Florida law.

Trucking companies and their drivers are subject to strict rules and requirements. When they violate these requirements—and when victims and families suffer as a result—they deserve to be held fully accountable. Seeking accountability starts with hiring an experienced Fort Myers accident lawyer to conduct a comprehensive investigation.

7 Trucking Violations that Can (and Do) Lead to Catastrophic Accidents

When you hire an experienced Fort Myers accident lawyer with Spivey Law Firm, Personal Injury Attorneys, P.A. to represent you, your lawyer will examine all potential causes of the crash. This includes, but is not limited to, common trucking violations such as:

1. Hours-of-Service Violations

Hours-of-service violations are a common factor in serious and fatal truck accidents in Florida. The federal hours-of-service regulations are intended to prevent truck drivers from spending too many hours behind the wheel. Driving too many hours can lead to fatigue, and fatigue can cause impairments similar to low-level alcohol intoxication.

2. Weight-Limit Violations

Overloaded trucks are more difficult to stop and are at greater risk of jackknifing or rolling over. The Federal Motor Carrier Safety Administration (FMCSA) has established weight limits for 18-wheelers and other large commercial trucks to address these concerns, but unfortunately, violations are not uncommon.

3. Cargo Securement Violations

The FMCSA has also established rules regarding cargo securement. As the FMCSA explains, “[t]he intent of the [cargo securement] requirements is to reduce the number of accidents caused by cargo shifting on or within, or falling from, commercial motor vehicles.” As a result, failure to comply with these rules can also increase the risk of accidents.

4. Truck Maintenance

Commercial trucking companies are required to regularly maintain their trucks in order to prevent brake failures, tire blowouts, and other mechanical and electrical issues. Yet, inadequate truck maintenance is also a common factor in commercial truck accidents. Negligent maintenance work (i.e., improperly installing a truck’s brakes) leads to accidents in some cases as well.

5. Driver Qualification Violations

Safely driving a large commercial truck is not easy. As a result, commercial trucking companies are required to ensure that their drivers have the qualifications necessary to operate their vehicles safely on the public roads. When trucking companies hire unqualified drivers, this can have serious consequences, and victims of accidents caused by unqualified drivers can (and should) seek just compensation.

6. Documentation Violations

From drivers’ hour logs to trucks’ maintenance records, trucking companies are required to keep various forms of documentation. This is intended to ensure that trucking companies can maintain compliance on an ongoing basis. When trucking companies fail to maintain adequate documentation, this can contribute to serious or fatal accidents.

7. Traffic Law Violations

Finally, traffic law violations are also an extremely common cause of commercial truck accidents in Florida. Speeding, tailgating, running red lights, merging without the right of way, and driving while distracted are just a handful of numerous examples of traffic law violations that can (and do) lead to devastating consequences for truck accident victims and their families.

Proving Trucking Violations in Personal Injury and Wrongful Death Cases

Proving that a trucking violation is to blame for a serious or fatal accident starts with conducting an on-scene investigation. But, depending on the nature of the violation, it may be necessary to collect evidence through various other means as well. Some examples of types of evidence that can be used to prove trucking violations in personal injury and wrongful death cases include:

• Forensic evidence from the crash site (i.e., debris or tire marks)
• Data from the truck’s “black box”
• Data from the truck’s electronic logging device (ELD)
• The trucking company’s internal records and communications
• The truck driver’s cell phone records

Again, these are just examples. Following a serious or fatal truck accident, an experienced Fort Myers accident lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. may be able to use various other forms of evidence to prove liability as well. The key is to start the process as soon as possible, and this makes it important to schedule a free initial consultation right away.

FAQs: Filing a Personal Injury or Wrongful Death Claim After a Truck Accident in Florida

Can trucking companies be held liable for their drivers’ negligence behind the wheel?

Yes, as a general rule, trucking companies can be held liable for their drivers’ negligence behind the wheel. Trucking companies can face liability for accidents involving traffic law violations (i.e., speeding and running red lights) as well as all other forms of negligent driving.

How can I prove that a truck driver was distracted or fatigued?

From the driver’s cell phone records to the driver’s own testimony, various forms of evidence can be used to prove that a truck driver was distracted or fatigued at the time of a crash. Once again, the key is to conduct a comprehensive investigation as soon as possible after the accident.

What should I do to protect my legal rights after a truck accident in Florida?

Protecting your legal rights after a truck accident in Florida starts with hiring an experienced lawyer with Spivey Law Firm to represent you. Once you hire a lawyer, your lawyer will be able to explain everything you need to know, help you avoid costly mistakes, and work to gather the evidence needed to establish your claim for damages.

Schedule a Free Consultation with an Experienced Fort Myers Accident Lawyer

If you need more information about protecting your legal rights after a serious or fatal truck accident in Florida, we strongly encourage you to contact us. Spivey Law Firm, Personal Injury Attorneys, P.A. has received an AV Preeminent Attorney Rating from Martindale-Hubbell, which is the highest rating and signifies the greatest level of professional excellence for legal knowledge, communication skills, and ethical standards. To schedule a free consultation with an experienced Fort Myers accident lawyer at Spivey Law Firm. as soon as possible, call 239-337-7483 or toll-free 888-477-4839, or contact us online at SpiveyLaw.com now.