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Southwest Florida is experiencing a boom in construction projects. This is clearly evidenced by the large number of trucks on our roadways. With the increase in truck traffic comes an increase in truck-related accidents. 

NBC-2 News reported on March 1, 2016 that US-41 in Bonita Springs was closed both north and southbound because of an accident involving a dump truck. The dump truck overturned at the intersection of US-41 and W. Terry Street. 

According to the 2014 Florida Highway Safety and Motor Vehicle Traffic Crash Annual Report, there were 107 injuries in truck-related accidents, of which 17 were fatal. 

When accidents involve commercial trucks, such as 18-wheelers or other large trucks, they are usually more severe. Some large trucks can weigh 80,000 pounds or more while the average passenger vehicle weighs approximately 3,000 pounds. This size disparity puts the passenger vehicle at a disadvantage when an accident occurs. This is why these accidents are more likely than others to result in serious, or fatal, injuries. 

The cargo being carried by trucks also represents the potential for danger. Some trucks are transporting hazardous or flammable materials. Should they become involved in accidents there is the added danger of fire, burns and respiratory injuries. 

What are the common causes of truck accidents? 

The Federal Motor Carrier Safety Administration (FMCSA) in its 2014 report cited the following issues involved in truck safety: 

• Driver fatigue and hours of service 

• Systems of compensation that encourage faster vehicle speeds and more hours of consecutive vehicle operation than would normally be advisable.

• Unrealistic schedules and expectations of trucking companies that encourage drivers to hurry, despite safety risks involved. 

• Vehicle maintenance and inspections 

• According to its data, FMCSA says one out of five commercial vehicles (20 percent) are taken off the road each year because they are unsafe, posing a dangerous risk to an untold number of drivers and passengers. 

• Role of environmental factors 

• Current roadway environmental design or operation, such as exit ramp designs and truck speeds may contribute to truck accidents. 

• Truck driver performance 

• The role of truck driver performance in crashes, as measured by features such as truck speed, danger recognition, and driver actions may identify areas where reasonable improvements in driver performance could reduce the risk of large truck crashes. 

• Vehicle design and load 

• The number and types of crashes in which truck design and/or load features are contributing factors can include truck conspicuity, truck driver blind spots, and load shifts. 

• Truck driver training and experience 

• Inadequate training as to driving technique, safety concerns, and defensive driving. 

• Truck driver licensing and monitoring 

• Improperly licensed or problem truck drivers may contribute to crashes.  

Some passenger/truck vehicle accidents have been attributed to error on the part of passenger vehicle drivers. These errors include passenger vehicle drivers not being familiar with some of the issues involved in driving a large truck. FindLaw states these as being: 

• Driving in “No-Zones” – These are the areas behind and beside a commercial truck where the truck driver has limited, to zero, visibility.
• Changing lanes abruptly in front of a truck.
• Misjudging an approaching truck’s speed at an intersection and making a left turn in front of the truck.
• Merging improperly into traffic, causing a truck to maneuver or brake quickly.
• Unsafe passing, particularly passing with insufficient headway
• Driving between large trucks.  

Truck accidents and transportation laws 

Laws relating to the transportation industry are in Chapter 316 of the Florida Statutes, and Title 49 of the Code of Federal Regulations. These statutes and regulations list restrictions on weight, load, and safety requirements including the requirement that all parts and equipment must be in safe working condition. 

“Being involved in an accident with a truck, can represent some challenging issues. Not only are there Florida laws, but often truck accidents are subject to federal laws. Federal laws involve a high degree of investigation as they may include, among other things, reviewing truck maintenance records, examining the driver’s log, checking driver qualifications, and training records. If you or a loved one is involved in an accident with a truck, contact the experienced attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Lee County Truck Accident Attorney, Randall Spivey.

Lee County Truck Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.