Photo portrays actual
accident
case handled by
Harrell & Harrell
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TRUCK ACCIDENTS
The Florida Legislature has incorporated Federal Motor Carrier Safety Regulations published in the Code of Federal Regulations by the United States Department of Transportation into Florida law. Accidents occurring both in intrastate and interstate commerce will have the same laws apply to them. An immediate investigation into a truck accident is critical to the success of the case because of the need to determine responsibility, causation, and liability.
The truck and trailer may be owned by different entities, may be owner-driver, or may be leased. The DOT #(Department of Transportation Number) and MC # (Motor Carrier Number) found on the cab of the truck will provide links to ownership and insurance coverage through public records. Also, the manufacturer's information will be found on the truck cab telling the make, model, manufacturer and Gross Vehicle Weight Rating (GVWR).
The Florida Department of Transportation (FDOT) will conduct its own investigation into serious truck accidents and the reports of their investigators can be very helpful as well as the investigations of the State Attorney looking into possible criminal violations by the truck driver or his employer.
The Driver
A person driving a truck is required to keep a log of his or her activities to show compliance with state and federal regulations regarding hours of driving, rest periods, vehicle inspections, and gross vehicle weight. The manufacturer's information advises operators of the maximum load that the truck can carry while still allowing its brakes to function as designed.
A driver must also have a CDL (commercial driver’s license) to drive a commercial motor vehicle (a vehicle having a gross vehicle weight or gross combination weight of 26,000 lbs. or more) He or she must have passed a certificate of driver’s road test for the vehicle they are driving. Prior to employment, the employer must do a background check to determine driving history, criminal history, prior employment history and a medical examination. An employer’s failure to comply with the law can result in a negligent hiring claim. An employer has a legal duty to put a safe driver behind the wheel of an 80,000 lb. vehicle.
The Motor Carrier
The term “motor carrier” is defined broadly to include public or private vehicle owners, operators, their agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and those involved in inspection and maintenance of commercial motor vehicles. Safety and compliance with safety regulations is everyone’s responsibility. The owner of a commercial motor vehicle (CMV) is responsible for its equipment and its proper working order in accordance with manufacturer’s specifications. Because of their heavy weight and frequent stops, brakes need frequent adjustment. “Out-of Adjustment” of 2 inches or more (distance between the brake pad and drum) is a violation.
The owner and driver are responsible for the weight of the truck. There are numerous weight restrictions per gross load or axle. Being overweight not only effects brake performance, but also stopping time and distance. The motor carrier employing a driver is responsible for compliance with the required criminal, employment, driving history checks as well as obtaining the medical clearance of the driver. The motor carrier is required by law to have financial responsibility of at least $750,000.00.
The Vehicle
The manufacturer’s name can be found on the GMVW plate. Manufacturers such as Mack, Detroit Diesel, Cummins, and Caterpillar have built in ECM's (electronic control modules) and/or ECU's (electronic control units). In an accident, these “black boxes” will record speed, hard braking, engine rpm and the like for a 10-15 second period. These may be proprietary and the data may need to be downloaded by a company representative to preserve the evidence and data recorded.
For all these reasons and more it is very important to investigate an accident as soon as possible after it happens.
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