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All types of vehicles travel on Florida roadways on a daily basis. Unfortunately, given the number of people who travel area highways, accidents are highly likely to occur. While accidents between two automobiles can certainly have serious consequences, Ft. Myers personal injury lawyer Randall Spivey knows that accidents involving automobiles and big rigs can be especially dangerous — even deadly.

Federal Motor Carrier Safety Administration (FMCSA) statistics show in 2012, there were more than 30,000 fatal collisions throughout the country, 12 percent of which involved at least one bus or large truck. The Administration estimates that of the 5.5 million nonfatal collisions that occurred, more than 360,000 involved a large truck or bus. Commercial trucks are required to comply with a variety of local, state and federal laws. Such laws were passed in an effort to keep roadways as safe as possible, particularly since big rigs are innately more dangerous than smaller automobiles.

Still, there are many unsafe trucks traveling our nation’s roadways. In fact, the Post Gazette, after conducting its own analysis of FMCSA data, learned “one out of six trucks pulled over for inspection was deemed so badly out-of-order that it was unsafe to drive.” But why is this the case? The FMCSA establishes the national standards for large trucks; however, the states are often left to determine what is important as they attempt to police such vehicles.

What Does Florida Expect?

Trucks operating in Florida are required to comply with both federal regulations and state regulations as issued by the Florida Department of Transportation (FDOT). Any truck that weighs more than 10,000 pounds or carries hazardous materials is considered to be a commercial vehicle subject to the rules and regulations.

There are a number of rules Florida truckers must follow when operating their vehicles within the state, many of which are similar to federal intrastate trucking laws. For instance, both federal and state laws regulate the number of hours truckers can operate their vehicles without taking a rest break. Additionally, truckers are expected and required to keep logbook records (with few exceptions) that show the number of hours they have been on duty, as well as the number of hours they have been driving.

There are also many other regulations enforced by FDOT’s Office of Motor Carrier Compliance (OMCC), some of which are:

• Drivers who operate commercial vehicles weighing more than 26,000 pounds must meet additional requirements, to include having a commercial driver’s license (CDL) and a medical certificate (which is good for two years). Certain drivers are exempt from the medical certificate requirement.
• Drivers who carry hazardous materials are required to have an “H” endorsement on their CDL.

There are also numerous rules and regulations related to the truck itself, such as safety equipment requirements and maximum allowed weights. Trucks found with safety or any other type of issues upon OMCC inspection are generally not allowed back on the road until the noted repairs have been made. If the operator and/or owner places the truck back in operation prior to making the repairs, he or she will face fines and penalties, as well as possible traffic tickets.

If you or someone you love has been injured in a trucking accident, contact one of the skilled lawyers at the Spivey Law Firm, Personal Injury Attorneys, P.A. for immediate assistance.