Motor vehicle accidents are on the rise in Florida due to the growing population and the influx of tourists, many of whom are unfamiliar with our roadways. While any type of motor vehicle accident is frightening and potentially deadly, when a commercial vehicle is involved, it is much more likely to result in catastrophic injuries and fatalities.
A commercial vehicle’s sheer size and weight demand a greater stopping distance and room for maneuverability. A truck will collide with a far greater impact than a passenger vehicle. There are substantial blind spots that can be deadly for motorcyclists, pedestrians, and small vehicles. Those carrying cargo may be loaded improperly, causing instability and rollovers. Other factors contributing to accidents with commercial vehicles may be poor vehicle maintenance, fatigue and distractibility of drivers, lack of training, or driving under the influence.
Types of Commercial Vehicles
Under Florida Statue 207.002, a commercial vehicle is any vehicle not owned by a government agency that operates on public highways, which uses diesel or motor fuel, has a gross vehicle weight over 26,000 pounds, or has three or more axles. Examples are:
- Semi-trucks
- Tractor-trailers
- School and tour buses
- Interstate buses
- Cargo vans
- Delivery trucks
- Garbage trucks
- Box trucks
- Construction vehicles
Commercial Vehicle Regulations
Commercial vehicles and their drivers are subject to stricter safety standards than personal vehicles and are governed by state and federal regulations.
Some of these include:
- Drivers have hours of service regulations governed by the Federal Motor Carrier Safety Administration.
- The Florida Office of Commercial Vehicle Enforcement may stop and inspect a commercial vehicle anytime for compliance with rules and regulations. For example, they may inspect the brakes, frame, lighting, tires, and overall vehicle condition.
- The Florida Department of Transportation limits the size and weight of commercial vehicles in Florida.
In addition, drivers must be at least 18 years old and hold a CDL license, which requires specialized training. They are to keep records in their trucks regarding their service hours, vehicle maintenance and inspection records, and a DOT physical card that certifies the driver is fit to operate the vehicle. Drivers are held to a higher standard regarding DUI. A commercial driver is considered driving under the influence if their blood alcohol level (BAC) is .04% or higher. Those in a personal vehicle are not considered DUI unless their BAC is .08% or higher. There are special regulations for carrying hazardous materials. Trucks must have electronic data recorders (also known as black boxes) to document crash data, such as speed, brake application, wheel turning, seatbelt status, airbag deployment, and other pertinent information.
Assigning Liability
Accident investigations involving a commercial vehicle are often overwhelming, with investigations being more complex than standard car accidents. Determining the cause of the accident and liability can take time because multiple parties are often involved. The commercial vehicle’s driver, the company that owns the vehicle, the manufacturer of the vehicle, the mechanic that repairs the vehicle, and the company that loaded the cargo may all share in the liability. In addition, there may be faults from the opposing drivers or the government agency responsible for road maintenance and highway signage. Insurance carriers for all parties aggressively try to minimize their client’s liability.
Ogle Law Firm: Experienced and Compassionate Personal Injury Lawyers in Florida
If you have been in a commercial vehicle collision, know you are not alone. Contact our experienced Daytona Beach and Gainesville personal injury attorneys immediately to begin building your case. Our legal team is experienced and passionate about holding those who cause harm due to negligence or intentional acts accountable.
The Ogle Law Firm has the knowledge and resources to investigate your accident and obtain maximum compensation for your injuries, medical bills, and pain and suffering. For those families that have lost a loved one, let us file a wrongful death claim to hold the responsible party or parties accountable and get the justice you deserve.
Contact the Ogle Law Firm at (386) 253-2500 or complete our online form to schedule a Free Consultation with a dedicated personal injury attorney at our Daytona Beach or Gainesville offices. We are here to listen, understand your needs, and fight for your rights. Your journey to justice starts with a simple call.