Understanding Florida’s Hours Of Service Regulations
Both the U.S. federal government and each state have what are known as hours of service (HoS) regulations for commercial drivers. These rules govern various aspects of operating a commercial vehicle, but first and foremost, they set limits for the number of hours a driver can be on the road without a break. If a driver is involved in a crash and they are found to be in violation of HoS regulations, the consequences are likely to be more severe than they would otherwise.
Interstate vs Intrastate
Florida’s HoS rules are fairly straightforward. It permits a driver to operate a commercial vehicle for 12 hours after 10 hours off duty; they are also required to stop driving after 16 hours on duty after 10 hours off. It also sets out limits for driving over a 7-8 day period, and lists possible exceptions to the regulations, such as those who do not exceed “a 150 air mile radius” with no hazmat placard. These rules are only applicable to commercial vehicles operating solely within Florida.
It is important to keep in mind that if an accident occurs between a private individual and a commercial vehicle who are both domiciled in Florida, the intrastate HoS rules will apply to the case – but if one or both parties are not domiciled in Florida, the federal HoS rules will apply. The two sets of regulations differ only slightly, but enough to be a potential pitfall for drivers if they disobey – to say nothing of the potential physical consequences of driving a commercial vehicle for too long.
Negligent As A Matter Of Law
If you are involved in an accident with a commercial vehicle, and it comes out that the driver has been flouting the HoS regulations (whether state or federal), this can be persuasive evidence that the driver has been what is known as negligent per se. Negligence per se is a concept that holds that if a defendant breaks a law by injuring someone that law is intended to protect, that defendant is negligent as a matter of law, meaning that it does not have to be proven at trial. This can save time for an injured plaintiff looking for compensation.
Even if negligence per se cannot be established in your case, evidence that a commercial driver was exceeding their hours of service can still be persuasive evidence – for example, it can help to establish that the driver was too fatigued to be driving. The right attorney can help establish a chain of events that puts liability where it belongs.
Contact A Tampa Commercial Vehicle Accident Attorney
Being involved in a commercial vehicle accident is a significant event for any individual, but if the driver was somehow compromised, it can somehow feel like a slap in the face on top of the harm you have already suffered. A Tampa truck accident attorney from the Rinaldo Law Group can help answer any questions you may have about the legal process. Call our office today to schedule a consultation.
Source:
flhsmv.gov/florida-highway-patrol/commercial-vehicle-enforcement/safety-enforcement/florida-hours-of-service-rules/
