Large Truck Cases

At Williams & Moore, P.A., 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. Some of the most common causes of trucking accidents include:

* Driver fatigue
* Inadequate driver training
* Overloaded and/or oversized trucks
* Improper maintenance involving brakes, safety systems, lights, under-right protection and more
* Driving in adverse conditions
* Speeding (over 25% of drivers involved in fatal crashes in 2004 had at least one prior conviction for speeding)
* Aggressive driving behavior/road rage
* Driving under the influence of drugs or alcohol

Knowing what causes trucking catastrophes is one thing. An attorney has to be able to prove negligence, and overcome the trucking companies’ strategies to prevent access to key evidence.

For example, trucking companies make it very difficult to obtain log books, maintenance records, driver training records, drug and alcohol tests, and more. And while large trucking companies typically use on-board computers and satellite communication systems capable of generating vast amounts of data that can serve as valuable evidence, the technology companies that provide these services to the trucking industry generally delete this information from their own computers within 14 to 30 days. This leaves the only source of such potentially invaluable evidence in the hands of the trucking companies themselves. Unfortunately, this data can be easily modified, and it is extremely difficult and expensive to prove the data has been altered.

Another factor to consider is that trucking companies invariably take immediate action following a crash to protect their interests. A claims investigator hired by defense attorneys is dispatched to the scene within an hour or so to look for any type of evidence favorable to the defense—and perhaps make evidence of culpability mysteriously vanish in the confusion following the wreck. Attorneys who represent the trucking companies also tend to offer victims a settlement that seems enticing at first but is far less than what the victims would receive if the true nature of the accident and the extent of negligence came out in open court

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.

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 Williams & Moore, P.A. now at (866) 258-6700. The initial consultation is free of charge, 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 there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.