Fatigued drivers pose a significant risk to other motorists on the road. Driver fatigue can severely limit a person's ability to properly maintain control of a motor vehicle. If truck drivers are involved in an accident, and it can be shown that they were fatigued or in violation of the federal regulations governing working hours, they can be held liable for negligence. If you have been injured in a truck accident or a loved one has suffered a catastrophic injury or wrongful death, the personal injury attorneys at McElyea, Santos & Barnard, P.A., can help. Proudly serving Orlando and Central Florida residents, our truck accident lawyers will work tirelessly to help ensure that you obtain financial compensation for your suffering. To schedule a free consultation, contact our truck accident lawyers today.
In 2003, the Federal Motor Carrier Safety Administration (FMCSA) issued sweeping changes regulating the hours of operation for commercial motor vehicle drivers. In 2005, those trucking regulations were slightly revised. The hours of service regulations were implemented to help mitigate the risk posed by fatigued drivers.
In order to meet deadlines, make up for lost time, earn bonuses with extra stops, and to arrive home as early as possible at the end of a delivery, many truck drivers stay on the road for extended periods of time, often with little or no sleep. Unfortunately, driving while fatigued or drowsy can be just as dangerous as driving while under the influence of alcohol or drugs. If you or a loved one has been involved in a truck accident, our Orlando and Central Florida truck accident lawyers can help.
The FMCSA regulates hours of service for long-haul commercial motor vehicle drivers who transport passengers and property, as well as for short-haul truck drivers. Truck drivers carrying property must abide by the following rules (the regulations for drivers carrying passengers and for short-haul drivers differ slightly):
Trucking regulations can be very complex. At our central Florida office in Orlando, the truck accident lawyers from McElyea, Santos & Barnard, P.A., have an exhaustive understanding of trucking laws, and can apply their knowledge and experience to your case.
There are some exceptions to the hours of service regulations that allow a truck driver to exceed standard limits. If the defendants claim that they fall under such exemption, our truck accident lawyers can thoroughly investigate your case and help determine the facts. If the following do not apply to a defendant, he or she can be held liable for violations of hours of service regulations:
Long-haul truck drivers are required to log the total number of hours in a given day that they are A) off-duty; B) on-duty but not driving; C) driving; and D) utilizing their sleeper berth (if applicable). The government mandates that these logs be filled out, as a truck driver cannot be required to testify against him or herself in court. The driver logs, however, can be used as evidence in a court of law to aid in the prosecution of a defendant. If a driver destroys the log, it may be presumed that it was destroyed because it contained evidence detrimental to the driver or carrier. Such action could be grounds for prosecution.
If you or a loved one has been involved in a truck accident, you may be eligible for financial compensation. Contact our Central Florida office to schedule a free consultation with our Orlando truck accident lawyers – they are committed to protecting victims' rights.
If you have been involved in a truck accident in the Orlando or Central Florida area, contact our truck accident lawyers today. We can review your claim and determine the strength of your case.
McElyea, Santos & Barnard P. A.