Florida Truck Accident Law Blog

Rules Governing Tractor Trailer Drivers and Alcohol Use

2008-03-20T19:17:00.000-07:00

Driving while impaired due to excessive alcohol use is dangerous for anyone, but the stakes and potential for injuries are greater when a tractor trailer is involved. For this reason, the Federal Motor Carrier Safety Administration (FMCSA) promulgated certain rules to try to prevent truck drivers from driving under the influence of alcohol. These rules apply to any employee who engages in safety-sensitive duties such as driving a commercial motor vehicle which requires a commercial driver's license (CDL).

Regarding alcohol, the rules prohibit the performance of any safety-sensitive functions while using alcohol, while having a breath alcohol concentration of 0.4 or greater or within four hours of drinking alcohol. If a tractor trailer driver is involved in an accident that causes an injury to someone requiring medical attention or causes property damage that requires a vehicle to be towed from the scene and the tractor trailer driver is ticketed for the crash, he or she must submit to a post-accident alcohol test. He or she must also submit to a post-accident alcohol test if the accident involved a death regardless of whether he or she was given a ticket for the crash. Additionally, regardless of whether there was a crash, if there is reasonable suspicion to believe that a truck driver is under the influence of alcohol, perhaps due to behavior, appearance or odor, an alcohol breath test must be administered or, if that is not possible, the driver must not be permitted to drive for at least 24 hours.

It is a violation of the regulations for a driver required to take the alcohol test after such an accident to either refuse to do so or to use alcohol within eight hours after the accident but before the test. Drivers who violate the regulations pertaining to misuse of alcohol must be immediately removed from safety-sensitive functions, such as driving a tractor trailer, and may not return until they have been evaluated and cleared by a substance abuse professional.

Crashes caused by tractor trailer drivers who are impaired by alcohol are not common, but they do occur and pose a greater danger to other drivers due to the massive size and weight of these vehicles. If you have been involved in an injury accident with a tractor trailer where alcohol may have been a contributing factor, it will be important to obtain the appropriate evidence to properly explore that angle. Finding out if a required post-accident alcohol test was done and obtaining the results is obviously an important step.

Is the Pilot Program Allowing Mexican Trucks into the U.S. Safe?

2008-03-15T14:10:00.000-07:00

In September of 2007, a US government-supported program went into effect (purportedly required by NAFTA) which allows some Mexican tractor trailer drivers to operate in the United States. The program allows up to 100 Mexican trucking companies to operate throughout the United States. The program is considered a precursor to opening the border between Mexico and the U.S. to allow unfettered access to the U.S. by Mexican trucks.

The obvious concern with a program like this is its safety. American tractor trailer companies and drivers that operate throughout the United States are subject to many regulations that are designed to ensure that they are operating their trucks safely. The Mexican government does not have a similar set of regulations. Additionally, due to the limitations with the Mexican record keeping system, it may not be possible to bring Mexican drivers up the U.S. standards since their drivers' driving, employment and criminal histories may not be accessible or reliable.

After several months of the program, the Inspector General prepared a report which said that the Department of Transportation (DOT) did not implement the appropriate (and promised) safety and security measures regarding the Mexican trucks and drivers in the program. According to the report, the Federal Motor Carrier Safety Administration (FMCSA) could not give assurances that it has checked each driver crossing the border from Mexico. In addition to the obvious national security ramifications of this report, it is clear that the FCMSA can not vouch for the qualifications of the tractor trailer drivers crossing the border if they are not sure who they all are and what they are driving.

As one Congressman points out, if the "DOT can't manage [imposing safety and security regulations] for the 60 trucks currently in the program, how can they handle an open border?" Additionally, as the Teamsters General argued to the 9th Circuit Court of Appeals, a legal requirement of the program was having enough truck drivers to ascertain statistically valid findings as to the their safety. However, "no reliable statistical projections regarding safety attributes can be made at this point."

As a counterpoint, this article from The Arizona Republic's online newspaper points out the benefits of the Mexican drivers in the U.S. and reports that Mexican drivers and trucks have better safety records than U.S. drivers and trucks. For instance, since 2003, Mexican trucks and drivers have been out of compliance with trucking regulations just 1.2% of the time compared to 7% for U.S. trucks and drivers, and fewer Mexican drivers are placed out of service than American drivers when inspected.

Whether Mexican truck drivers are less safe than American truck drivers remains to be established. However, it would seem to be indisputable that the DOT should take the necessary steps to be aware of at least basic identification and safety information regarding the drivers and trucks that cross the border into the U.S.

Why Hire a Lawyer After an Injury Accident with a Big Truck?

2008-03-12T11:45:00.000-07:00

After a crash with a tractor trailer, semi, 18 wheeler or big truck, as they are called, it is important to talk to an attorney experienced in these matters if a claim for injuries and damages is to be made. First, after an accident involving injuries, a representative from the trucking company or its insurance company may contact you to give them a statement. You can be sure that the questions asked about the accident are going to be designed to elicit answers that are helpful to the truck driver and the trucking company. Additionally, if injuries resulted from the accident, you may not be in the right mental and/or physical condition to answer questions about the accident. It is important to speak with a lawyer before anyone representing the truck driver or company so you understand the issues and know how to avoid being misled by an aggressive interrogator who does not necessarily have your best interests in mind. Of course, those general principles also apply to a car accident and other types of injury cases. However, there are implications specific to tractor trailer accidents that make it especially important to consult a lawyer if injuries were involved and they were caused by the truck driver. Some of the issues that should be explored are:

Was the tractor trailer driver qualified to drive that vehicle? In other words, did the trucking company perform the required due diligence into the driver before they sent him out on the road? Was a background check done into his or her driving record, employment history and criminal record?
Were the required drug and alcohol tests performed on the driver before he or she was hired and after the accident?
How many hours was the truck driver on duty and/or driving prior to the crash? Is there evidence of driver fatigue?
Is there any electronic data that can be recovered from the tractor trailer which shows how the driver was driving just before the accident?
Was the driver and/or company given any violations by the Department of Transportation prior to the accident that would indicate an ongoing safety risk?

These questions and many more may be important in determining all of the factors which caused or contributed to an injury accident with a tractor trailer. Hiring an attorney after an accident will help shed light on those important issues.

The Cost of Vehicle Crashes Estimated to be $164 Billion per Year

2008-03-11T11:09:00.000-07:00

Channel 4 News in Jacksonville, Florida reported that a study showed that vehicle traffic crashes across the United States cost Americans about $164 billion each year. Included in this figure is the cost of property damage, lost time and earnings from work, emergency and medical services for the injured, legal costs and the cost of delays. There was no measure as to how much or what percentage tractor-trailer and other big truck crashes contribute to this figure. However, this figure would suggest that investments in effective driver safety programs are probably worth exploring, particularly for companies like trucking companies whose employees spend a lot of time on the roads.

The Current Rule Regarding Driving Hours for Truck Drivers

2008-03-09T14:12:00.000-07:00

The statistics and anecdotal evidence regarding the number of accidents and driving dangers due to driving while fatigued are alarming. This subject was previously addressed in this blog here. Other studies have been done which compare the dangers of driving while fatigued with driving while impaired from alcohol or drugs. For this reason, the government has sought to regulate the number of hours drivers of 18 wheelers, big trucks, tractor trailers and semis, as they are often called, can be on duty and drive those vehicles. The problem is that the Federal Motor Carrier Safety Administration (FMCSA) has not been able to enact a rule that everyone can seem to live with. A balance needs to be achieved recognizing the dangers of driving too long and becoming tired and the need for truck drivers and companies and their clients to have products shipped across the United States as efficiently as possible. On December 27, 2007, the FMCSA set forth what they called an Interim Final Rule which regulates the number of hours truck drivers can drive, also called a driver's hours of service. The rule provides that tractor trailer, and other commercial motor vehicle, drivers may drive up to 11 hours within a 14 hour non-extendable period following 10 consecutive hours of off-duty time. In this context, off-duty time does not just mean time not driving; it means time not doing any sort of work for the company. Weekly on-duty time can be re-started once the truck driver has had 34 consecutive hours of off-duty time. If you have been involved in an injury accident with a tractor trailer, driver fatigue is one of the possible causes that needs to be explored thoroughly. In order to do that, it is important to obtain the documents, testimony and other evidence which can shed light on the number of hours a tractor trailer was driving prior to the crash. Compliance with the hours of service rule certainly does not mean a driver was not tired. However noncompliance with the rule could lead to the conclusion that the truck driver was not in condition to be driving due to fatigue.

New Training Requirements Proposed for Truck Drivers

2008-03-08T09:29:00.000-08:00

When a trucking company considers hiring someone to drive a tractor trailer, semi or 18 wheeler, as they are often called, between states, there are several qualification checks that need to be undertaken before that driver hits the road. Among other things, the trucking company is supposed to: make sure the driver has a valid commercial driver's license (CDL) for the truck to be driven, check the driver's driving and employment histories, verify that the driver is physically fit to drive and have the driver submit to a pre-employment drug and alcohol test.

However, despite the potential for serious injuries and damage resulting from tractor trailer accidents, there is no mandatory training requirements for new tractor trailer drivers. In fact, some trucking companies do not conduct any training or education at all and just rely on the fact that a driver has a CDL, which may have been obtained years before.

In the 1980's, there were very few organizations that offered effective, standardized training for drivers of big trucks and tractor trailers. In the mid 1990's, the US government conducted a study that concluded that truck driver training was inadequate in that it often did not include hands-on, behind the wheel instruction on how to operate these big trucks. Since then, there have not not been any effective rules or laws setting a standard for driver training for new truck drivers.

In December of 2007, the Federal Motor Carrier Safety Administration (FMCSA) proposed a rule that would require new tractor trailer and other commercial motor vehicle (CMV) drivers to complete certain minimum classroom and behind the wheel training requirements from an accredited organization or program. A new driver would not be able to obtain a CDL without a certificate proving that these mandatory driver training requirements have been met. The purpose of the rule is to set a standard for effective truck driver training for new truck drivers to make the roads safer for everyone. Note that the rule would only apply to truck drivers applying for a new or upgraded commercial driver's license starting three years after the rule is passed; it would not apply to those truck drivers with an existing, valid CDL.

The effect of the rule would increase the cost and effort required to obtain a CDL which would be paid by the truck driver or his or her trucking company. However, considering the number and severity of injury accidents on the road involving tractor trailers, it seems clear that any reasonable regulation designed to provide safety training to new tractor trailer drivers is a good idea.

What Lights and Markers Should be on a Tractor Trailer so that Other Drivers Can See Them in Conditions of Limited Visibility?

2008-03-05T13:17:00.001-08:00

Consider this auto vs. tractor trailer accident that occurred just outside of Jacksonville, Florida on Highway 301 which, in the area of this accident, has two lanes going north, two lanes going south and a median in between. At night, Mr. Smith was driving his car on Highway 301 North. A tractor trailer was approaching Highway 301 from his right on a side road. The tractor trailer driver intended to turn left across the two northbound lanes, through the median and into the southbound lanes of Highway 301. The tractor trailer driver completed the first part of the turn. However, he stopped with his tractor in the median and his trailer blocking the two northbound lanes of Highway 301 because a car was coming in the southbound lanes preventing him from completing his left turn. Mr. Smith, driving in one of the northbound lanes of Highway 301, did not see the trailer blocking his lane until the last second which resulting in a serious crash and severe injuries to Mr. Smith. Setting aside the issue that the tractor trailer driver should have waited to begin his turn until he knew both the northbound and southbound lanes were clear, this kind of accident illustrates the importance of having the appropriate lights and markers on the tractor trailer other than the normal headlights and taillights. Tractor trailers are supposed to have what is called conspicuity tape (often red and silver reflective tape) on the side of their trailers to help other drivers see it from the side and understand the length of the tractor trailer when visibility is limited. They are also supposed to have clearance lights on the truck. These are the lights on the corners of the truck that help make the truck more conspicuous and also help another driver appreciate the size of the vehicle. Identification markers, which are a set of three lights on the front and back of the tractor trailer, are also important to help other drivers see the vehicle and determine its size and length. Driving a tractor trailer with proper and functional headlights and taillights is not sufficient. Driving with the other lights and markers mentioned here can be equally important from a safety perspective so other drivers on the road can fully observe, and appreciate the dimensions of, a big truck, semi, 18 wheeler or tractor trailer as they are often called, which has stopped or slowed on the road so that an injury accident can be avoided. If you have been involved in an injury accident with a tractor trailer under circumstances where it had stopped or slowed on the road at night or in the fog, even one where your vehicle struck the tractor trailer, there may be more to the story of who caused the crash. It will be important to inspect the tractor trailer and investigate whether or not the tractor trailer had a complete set of lights and markers in the proper condition to determine what chance you had of seeing and appreciating the size of the tractor trailer.

The Potential Dangers of Driving a Tractor Trailer at Night

2008-03-03T12:05:00.000-08:00

The obvious danger associated with night driving that is not necessarily an issue during the day is reduced visibility. However, that danger may be greater for 18 wheelers, big trucks, tractor trailers and semis, as they are often called. Is it safe for a tractor trailer to drive the speed limit at night? Maybe not depending on the driver's visibility. Headlights are limited in the area they illuminate. For instance, low beam headlights provide a driver with approximately 250 to 300 feet of visibility. Of course, that distance is less if the lights are dirty or faded. If the tractor trailer driver is traveling at 55 miles per hour (which is less than highway speeds in most places throughout Florida and Jacksonville), the tractor trailer travels that 250 to 300 feet distance in just over 3 to 4 seconds. Therefore, at 55 miles per hour, that driver may have just over 4 seconds, or less, to identify and respond to another vehicle or an unlit hazard on the road at night. At 60 or 65 miles per hour (more common speeds driven by tractor trailers), obviously the driver's response time is less. That means the tractor trailer driver has very little time to assess a dangerous situation and respond effectively to avoid an injury accident, if necessary. Even if the driver recognizes another car that is stopped or a danger on the road immediately, it may not be possible to avoid an accident. Again, at 55 miles per hour, the truck driver will need about 300 to 360 feet to safely stop the tractor trailer. That distance could be more depending on the weight of the load in the trailer and the quality of the brakes. Doing the math, at 55 miles per hour with no other effective lighting other than the low beam headlights, the big truck driver may be able to only see 300 feet ahead but need up to 360 feet to safely stop. In other words, at that seemingly safe speed, that driver is likely not going to be able to safely stop for certain dangers on the road. This is called "overdriving the headlights" or driving too fast given the visibility afforded by the headlights. Driving a tractor trailer at night with the high beams on (when appropriate), can increase a driver's visibility by up to approximately 200 feet. Additionally, driving slower at night and being extra alert can increase the response time for a driver when he or she sees a hazard. These two methods can reduce or eliminate the "overdriving the headlights" scenario. If you have been involved in an injury accident caused by an 18 wheeler/tractor trailer that occurred at night, it is important to investigate and understand not just the speed of the tractor trailer (i.e. knowing that the tractor trailer was going the speed limit is not necessarily the end of the inquiry) but also the other factors that may have affected the driver's visibility and response time. An experienced attorney can obtain the appropriate documents and ask the right questions to learn that important information.

A Way to Reduce Tractor Trailer Rollovers

2008-03-02T07:16:00.000-08:00

After an inordinate number of tractor trailer rollovers in some parts of Canada last year, the Canadian Trucking Alliance (CTA) is trying to convince all North American manufacturers of class 8 tractors (more commonly known as tractors or big trucks with fewer than five axles and transporting a single trailer) to make anti-rollover technology standard in these new vehicles immediately.

Big trucks, or tractors as they are more accurately called, are a threat to roll over on the roads for a variety of reasons including: driving too fast around turns or curves (you have probably seen the road signs in Florida and elsewhere warning 18 wheeler and tractor trailer drivers of the possibility that their vehicle may tip over on a sharp turn or curve), not properly loading or securing the load in the trailer causing it to shift and making it more unstable and quick evasive maneuvers by the tractor trailer driver in response to road conditions or the driving of others. Of course, given the size and weight of these tractor trailers, if one rolls over on the road, the potential for injury and damage is great.

The anti-rollover technology helps to prevent tractors from rollovers by sensing when the vehicle is becoming unstable and automatically taking countermeasures such as reducing the throttle and applying the brakes to help the driver avoid a rollover and regain control of the tractor trailer. As of the publication of this article in late 2007, this rollover technology was standard on two of the manufacturers' new class 8 tractors, and the others only offered the technology as an option. This anti-rollover technology is similar to the electronic stability control systems and similar systems found standard in many newer model SUV's.

While the technology will not be able to prevent tractor trailer drivers from rolling over and causing injury accidents on the road, more pervasive use of stability control systems will likely help to prevent some accidents and reduce the number and severity of injuries resulting from some tractor trailer-involved accidents when they do occur.

Alarming Findings Regarding Driver Fatigue and Injury Accidents

2008-02-28T18:40:00.000-08:00

The dangers related to driving while impaired from alcohol or drugs are well documented. Driving while sleep deprived or otherwise fatigued can be just as dangerous but is not as well studied, documented or recognized.

Statistics related to injury accidents caused by driver fatigue are difficult to come by since incidents of driver fatigue are under reported and hard to detect. A police officer may be prepared to detect signs of drug or alcohol use but may not be trained or inclined to investigate fatigue to the same extent. The studies that have been done show some alarming results about the dangers of driving while fatigued. A survey by the National Sleep Foundation reported in this article found that two out of five drivers admitted to falling asleep at the wheel within the past year. A National Highway Traffic Safety Administration (NHTSA) study found that over 100,000 fatigue related driving accidents were reported to police each year, although it was widely acknowledged that fatigue as a cause was under detected and under reported.

More recently, the Insurance Bureau of Canada hosted a symposium on driver fatigue and produced a lengthy report. Some of the statistics and results found in that report are as follows:

17.9% of all fatal crashes are fatigue related
25.5% of all injury crashes are fatigue related
the risk of a driver being involved in an injury accident is three times greater when driving on less than five hours sleep
the risk of being involved in an injury accident is eight times greater when drivers report sleepiness
a sleep deprivation driving test showed that drivers are 8.1 times more likely to cross over the solid lines on the roads when driving while fatigued

The conclusion drawn from the various studies, tests and surveys was that sleep deprivation and fatigue can significantly affect driving and cause serious injuries and damage on the roads.

For drivers of 18 wheelers, semis and tractor trailers, as they are often referred to, in Florida and elsewhere, the correlation between fatigue and injury accidents is even more critical, given the size and weight of those vehicles and the amount of time a tractor trailer driver may be on the road. That is why it is very important for drivers of 18 wheelers to avoid driving while sleep deprived or otherwise fatigued and strictly follow the Federal regulations which prescribe the number of hours a tractor trailer driver can drive and be on duty before he or she has to take a break to rest.

If a tractor trailer driver causes an injury accident, the driver and the truck company can be sure that any attorney bringing a claim or lawsuit will investigate the driver's condition at the time of the crash and the number of hours he or she was driving and on duty prior to the crash.

SafeStat, a Wealth of Information About Trucking Companies

2008-02-27T13:41:00.000-08:00

The hundreds of thousands of trucking companies and tractor trailer drivers on the roads in Florida, many of whom travel through the crowded interstate highways in Jacksonville, Florida, are obligated to comply with State of Florida and Federal regulations designed to make sure the trucking companies and drivers are operating as safely as possible.

The Federal Motor Carrier Safety Administration developed a system called the Safety Status Measurement System, or SafeStat, which provides a lot of information about tractor trailer companies and helps to identify those companies whose truck drivers pose the greatest risk to other drivers on the road. This information is available free to the public on their website.

To effectively investigate an accident resulting in injuries and/or property damage caused by a tractor trailer driver, it is important to learn as much as possible about the trucking company and driver, including their past safety practices and violations and the results of overall safety assessments. Investigating the trucking company on the SafeStat website is a good way to initiate an investigation after an injury accident. Examples of information that is easily obtainable and may be helpful in making a claim for damages or pursuing a lawsuit include: the name and address of the trucking company, the relative size of the operation, a summary of prior safety evaluations, prior accident statistics and prior inspection statistics.

Additionally, one piece of information any lawyer or injured person often needs to know after an accident with a tractor trailer is the amount of insurance the trucking company and driver have to cover those injuries. Access to important insurance information, including the type of insurance coverage, the name and address of the insurance carrier and the amount of insurance available, can be found by clicking on the Safer website link at the top of the overview page of the SafeStat report for a particular trucking company and following the link for "Licensing & Insurance" on the upper right side of the page.

Insurance requirements for trucking companies

2008-02-24T11:09:00.000-08:00

Because of the great potential for injuries and damages that can result from an accident with a tractor trailer, it is important for trucking companies to adequately insure their trucks and the drivers who operate them. The state of Florida and the Federal government have recognized the importance of this issue.

In order for a trucking company to operate as a company that uses trucks, 18 wheelers, semis or tractor trailers, as they are often called, to transport goods to different states, they must be registered as a business in Florida, if they are based here, and all of them must be registered with the Federal government (with the Federal Motor Carrier Safety Administration, a division of the Department of Transportation). As part of the registration process, the trucking company must prove that it has a minimum amount of insurance to cover accidents that are caused by their drivers and result in injuries and/or property damage. For most trucking companies and their drivers, that minimum amount of insurance is $750,000 per accident. Those trucking companies are welcome to insure their tractor trailers and drivers for more than that, but not less.

Of course, this does not guarantee that there will be sufficient insurance to cover an accident if there are many people injured, or if someone is injured very severely, but what it does mean is if a tractor trailer driver causes or contributes to an accident that results in property damage and/or injuries in Florida or any other state, the injured party should not run into a situation where the other vehicle is not insured at all or has minimal insurance, as can occur with regular auto accidents.

The importance of being quick and diligent with your trucking accident case.

2008-02-23T19:03:00.000-08:00

In any lawsuit, it is important to be thorough in investigating all aspects of the conduct of the other party that may have caused or contributed to an injury. In cases resulting from accidents with tractor trailers, trucks, semi's or 18 wheelers, as they are often referred to, it may be equally important to begin the investigation quickly. The reason for this is that tractor trailer drivers and the trucking companies that hire them are required to comply with many regulations that are designed to ensure that the tractor trailer driver is a safe and competent driver and the company is adequately hiring and training its drivers.

In order to determine whether or not the trucking company is hiring safe drivers and the particular tractor trailer driver in any accident was qualified to safely operate the tractor trailer, the trucking company and driver are required to maintain certain documents. The existence of these documents can establish anything from proof that the trucking company is complying with all the required regulations to the exact opposite. Examples of such documents that may be important after an accident are: the results of a required post-accident drug and alcohol test, log books which show how much the tractor trailer driver had been driving and working prior to the accident (which can be evidence of driver fatigue), electronic or black box data in the tractor trailer which gives information about the truck's operation leading up to the crash and the driver's driving, criminal and employment histories.

However, the trucking company is not required to maintain all of these documents indefinitely, even if they know one of their drivers was involved in a serious accident. These documents are often thrown away or otherwise destroyed due to a routine records retention policy or because the company is careless in their record keeping. Often, the records are never kept at all.

These documents can tell a lot about a tractor trailer driver and the trucking company for whom he works. They can establish important reasons why an accident occurred and support arguments that both the tractor trailer driver and the trucking company were responsible for the accident. If there has been a crash with a tractor trailer involving injuries that may result in a lawsuit, it is very important to contact an attorney who is knowledgeable about the trucking industry regulations and practices at an early stage so that important evidence can be identified and preserved.

How is the trucking industry regulated?

2008-02-21T18:59:00.000-08:00

Tractor trailers, semis, 18 wheelers, big trucks. They are referred to by different names, but they account for a significant portion of accidents, injuries and damage on the roadways. It is estimated that there are over 500,000 accidents involving tractor trailers on the roads in the United States per year. The average tractor trailer weighs over 20,000 pounds, and that does not account for the load it may be carrying which can bring its weight to over 75,000 pounds.

Because of the serious risk of injuries presented by these tractor trailers, the state and Federal governments have enacted a body of laws that specifically govern the trucking industry. In Jacksonville, Florida, where I work, two of the most well-traveled interstate highways intersect. I-95 and I-10 intersect in downtown Jacksonville, Florida subjecting the drivers of North Florida to a greater exposure to tractor trailers than many places in the country.

This blog will focus on issues related to tractor trailer companies, drivers and accidents. In particular, it will focus on the Federal body of laws, or regulations, that govern the trucking companies and drivers that require them to take certain steps and precautions to ensure that safe and competent drivers are operating the tractor trailers. Those regulations, called the Federal Motor Carrier Safety Regulations ("FMCSA's") apply to all trucking companies and drivers who drive their tractor trailers across state lines, which includes the majority of trucking companies (which is particularly true in Jacksonville, Florida which is so close to the Georgia state line.). These regulations, which have the effect of laws, were developed by a commission created by an act of Congress whose purpose was to protect drivers from unsafe tractor trailer drivers and prevent trucking accidents.