Accidents involving large trucks are among the most serious and most deadly in the United States. At Wiederlaw, we recognize that handling these cases requires a thorough understanding of commercial vehicle regulations on both the federal and state level. Trucking companies are required to follow Federal Motor Carrier Safety Regulations concerning their equipment and their drivers’ hours of service. In Florida, the Department of Transportation is also charged with the task of adopting regulations regarding the safety of motor carriers. Fla. Stat. § 316.302. Driver fatigue is a common problem, as hours of service regulations are routinely violated. Florida attempts to deal with this by imposing strict rules on the number of hours a driver can be at the wheel of a large truck. Generally, person who operates a commercial motor vehicle solely in intrastate commerce not transporting any hazardous material may not be on duty more than 72 hours in any period of 7 consecutive days. Fla. Stat. § 316.302. Despite this rule, careful examination of records after an accident often shows serious and even fraudulent violations of those safety regulations However, trucking companies are only required to maintain many of those records for six months. Without obtaining those records before they are destroyed, the injured person or survivors of a person killed in a truck wreck has a much more difficult time proving the trucking company’s negligence.
The following represents facts and figures regarding large truck accidents and the serious damages they inflict on our roadways every year. One out of nine traffic fatalities in 2007 resulted from a collision involving a large truck. In 2007, 413,000 large trucks (gross vehicle weight rating greater than 10,000 pounds) were involved in traffic crashes in the United States; 4,584 were involved in fatal crashes. A total of 4,808 people died (12 percent of all the traffic fatalities reported in 2007) and an additional 101,000 were injured in those crashes. In 2007, large trucks accounted for 8 percent of all vehicles involved in fatal crashes and 4 percent of all vehicles involved in injury and property-damage-only crashes. Seventy-five percent (75%) of fatalities in large truck crashes were occupants of other vehicles involved in the crash. Only 17% of fatalities involved drivers or occupants of large trucks.
Large trucks were much more likely to be involved in a fatal multiple-vehicle crash – as opposed to a fatal single-vehicle crash – than were passenger vehicles (82 percent (82%) of all large trucks involved in fatal crashes, compared with 59 percent (59%) of all passenger vehicles). Most of the fatal crashes involving large trucks occurred in rural areas (62%), during the daytime (66%), and on weekdays (78%). The percentage of large-truck drivers involved in fatal crashes who had a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or higher was 1 percent (1%) in 2007. The BAC level for all commercial vehicle operators in every state in the U.S. is .04 g/dL, half of the legal limit of .08 for all other drivers.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call us now at (305) 371-7111 We do not charge for a first consultation and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if we recover for you. Don’t delay!