Tractor-Trailers & Driver Fatigue

Driving a tractor-trailer is a demanding job, particularly if a person is doing so over long distances. Each driver has their obligations, to both their employer and to other road users, and if they are involved in an accident, it can cause long-term problems for both the driver and the trucking company. Sometimes, an accident may happen because a driver bends the rules about hours of service in order to get a job done more quickly – but this can create liability for them and their superiors as fatigue sets in.

Why Tempt Fate (And Legal Repercussions)?

Both the U.S. federal government and the states, including Florida, have what are called Hours of Service (HoS) regulations. These rules attempt to set limits for the number of continuous hours a tractor-trailer driver may operate their vehicle before being required to take a break. While there are exemptions for “short hauls” under a certain period of time, every long-haul driver must spend a certain time ‘off the clock’ for their own safety, and the safety of other road users.

There are many reasons, however, why tractor-trailer drivers may choose to push their own limits despite the very real dangers that driver fatigue may pose. Some employers will either offer incentives or outright threaten their drivers to make deliveries early; other drivers simply want to work more because they are paid by the mile. Others simply convince themselves that they are not tired and do not require breaks. Regardless, a tractor-trailer driver who breaks the HoS rules may wind up on the proverbial hook for an injured plaintiff’s damages.

Evidence Is Crucial

The actual act of disobeying HoS rules may happen in a variety of ways. The most common is for a driver to falsify their log book (or to somehow rig their vehicle’s electronic logging device), making it seem as though they have more time to drive than they are legally permitted to use. It is worth noting that falsifying one’s log is a civil tort (essentially, the civil version of a crime), which can open a driver up to consequences even if they are found not to be liable for an injured plaintiff’s injuries.

These types of cases hinge on the quality of the evidence that you and your attorney can marshal. Information like ‘black box’ data from the tractor-trailer, witness statements, medical records, and photos of any damage or injuries can make all the difference in the outcome of a tractor-trailer accident. While a civil case requires a much lower standard of proof than the “beyond a reasonable doubt” of criminal court, accidents involving tractor-trailers happen so fast that evidence is still crucial.

Contact A Tampa Tractor-Trailer Accident Attorney

An accident on Florida roads can be frightening; an accident involving a tractor-trailer can change one’s life. If you have been involved in this type of crash, and you suspect that driver fatigue might have played a role in causing your injuries, a Tampa tractor-trailer accident attorney from the Rinaldo Law Group may be able to help you. Call our office today to schedule a free consultation.

Source:

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