Hours Of Service & Driver Fatigue in Florida

Commercial drivers work hard, and many will go above and beyond in order to ensure that their deliveries arrive on time. However, they are only human, with the normal human needs of food, sleep, and comfort. As a way to guarantee these, both state and federal authorities have created what are known as hours of service (HOS) regulations. Failure to abide by these rules can lead to trouble for both the commercial driver and, in some cases, their employer.

State & Federal Rules Mandate Rest

Both Florida and federal authorities have their own HOS rules, though they are similar in terms of the hours they permit – for example, Florida HOS rules state that the maximum number of hours one can drive after being off duty is 11; federal rules only allow 10 hours for drivers who are carrying passengers or 11 for those carrying property. In general, the federal rules will control for a vehicle dealing in interstate commerce, while the state rules apply to trips taken entirely within the state of Florida.

That said, violations are unfortunately common simply because trucking companies believe they will make more money by having their cargos arrive early, even at the cost of putting their drivers (and others on the road) in danger. Some of the most common violations are falsifying the records of a vehicle’s electronic logging device (ELD), ignoring required rest breaks, or simply driving while fatigued. Any or all of these can cause fatal accidents.

Liability For Driver & Employer

It may be tempting for a commercial driver to push their limits, but the fact remains that drowsy driving leads directly to accidents and fatalities. Data from the Governors Highway Safety Association (GHSA) estimates that as many as 6,300 people died in 2023 as a result of accidents where drowsy driving was suspected. Fatigued drivers have slower reaction times and are impaired in making decisions, which can play a major role in accidents.

If a commercial driver causes an accident while they are in breach of HOS regulations, they may be held liable for any injuries caused, but if they were on the clock, their employer can also be sued over the same issue. This is due to a theory called vicarious liability, which holds that if an employee commits a tort (essentially, the civil law version of a crime) while engaged in their employer’s business, their employer can wind up on the proverbial hook for the employee’s actions.

Contact A Tampa Commercial Vehicle Accident Attorney

Hours of service regulations help to keep other road users and pedestrians safer, and a failure to abide by them will trigger significant civil liability. If you have been struck by a tractor-trailer or other large commercial vehicle, a Tampa truck accident attorney from the Rinaldo Law Group can help to answer your questions and help determine if one or more HOS violations played a role. Contact our office today to schedule a consultation.

Source:

fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations