Federal Regulations Affecting Florida Tractor-Trailer Accidents
Tractor-trailer accidents occur at an unfortunately regular pace on Florida’s roads, but not all of these cases are processed under color of Florida law. Sometimes, particularly if the tractor-trailer is registered in another state, federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) will apply. While federal and state rules for motor carrier safety are similar, there are some differences that require a review. If you have been in an accident with a tractor-trailer, understanding which rules apply is important.
Small But Significant Differences
Most tractor-trailer accidents are handled under Florida law, or by using Florida’s no-fault auto insurance system. However, issues involving interstate commerce can be enough to put it into federal jurisdiction. In other words, federal law governs when one or both vehicles in a crash come from out of state. Federal courts can also take jurisdiction if potential damages total over $75,000, or in certain other situations.
While Florida’s state law does incorporate many of the FMCSA’s regulations, there are enough exceptions where examining the original text is a good idea. For example, the federal definition of a “commercial motor vehicle” is different from Florida’s, only requiring a vehicle to weigh at least 10,001 pounds instead of Florida’s requirement of 26,001 pounds or multiple axles. Another common example used is that the federal Hours of Service regulations for tractor-trailer and other commercial vehicle drivers differs slightly from Florida’s laws.
Several Rules To Know
If a person is involved in a road accident with a tractor-trailer, and they decide to seek damages for any injuries they have sustained, they will usually bring suit under a theory of negligence. In order to establish negligence on the part of the tractor-trailer driver, the plaintiff has to show that the defendant failed to exercise a reasonable duty of care with regard to other road users. There are several federal rules they may be able to utilize in proving just that. Examples include:
- The rules requiring clear records be kept – for example, data from the vehicle’s electronic logging device (ELD) and the proof of a recent inspection and/or maintenance. Being unable to provide either one casts suspicion on the defendant in terms of negligently or willfully concealing evidence;
- A showing that the vehicle’s cargo was packed correctly and did not shift or cause injury due to negligent loading or packing; and
- The aforementioned Hours of Service rules, which restrict a tractor-trailer driver to a certain number of hours on the clock, with overages pointing to fatigue behind the wheel.
Contact A Tampa Tractor-Trailer Accident Attorney
If you have been involved in an accident with a tractor-trailer, it may feel too overwhelming to file suit against the driver and their employer, given the likelihood of the employer’s deep pockets. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help you find the resolve – and the time and cost – to seek the compensation you deserve. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.302.html
