Truck drivers play a vital role in Florida’s economy, but long hours behind the wheel can lead to exhaustion and serious truck accidents as a result. To help prevent fatigue-related crashes, the Federal Motor Carrier Safety Administration (FMCSA) and Florida Department of Highway Safety and Motor Vehicles (FLHSMV) provide strict Hours of Service (HOS) regulations. Unfortunately, these rules are often ignored, resulting in devastating commercial vehicle accidents on Florida roads.
When a driver or trucking company violates these safety rules and causes harm, they can be held legally responsible. The award-winning Fort Myers truck accident attorneys at Garvin Injury Law have over 50 years of combined experience representing accident victims across Florida. We’ve recovered tens of millions of dollars for clients and can help you pursue justice after an accident caused by HOS violations.
What Are the Federal and State Hours of Service Regulations?
The FMCSA’s Hours of Service rules set limits on how long commercial drivers can operate their vehicles without adequate rest. These rules apply to most commercial motor vehicles that weigh over 10,000 pounds or transport hazardous materials.
Key federal limits include:
- 11-hour driving limit: Truck drivers may drive a maximum of 11 hours after 10 consecutive hours off duty
- 14-hour limit: Drivers cannot drive beyond the 14th consecutive hour after coming on duty, even if breaks are taken
- 30-minute break rule: A 30-minute break is required after eight cumulative hours of driving
- 60/70-hour rule: Drivers may not exceed 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days
Note that Florida also has separate rules that apply to trucks that stay solely within state lines. These are similar to the federal regulations but are slightly different in some areas. For instance, there is a 12-hour driving limit instead of the 11-hour driving limit mentioned above.
Hours of Service Violations in Florida
Despite these federal and state requirements, violations are common in the trucking industry. Trucking companies often pressure drivers to meet tight delivery deadlines, leading them to falsify driving logs or skip mandatory rest breaks.
Common examples of HOS violations include:
- Exceeding daily and weekly driving limits
- Failing to take the required rest periods
- Logging false on-duty or off-duty times
- Manipulating electronic logging devices (ELDs)
- Driving while fatigued and falling asleep behind the wheel
When drivers ignore these rules, the results can be catastrophic. Fatigue slows reaction times and impairs decision-making at a similar level to drunk driving.
Liability for Hours of Service Violations
Both the truck driver and their employer may be held liable when an HOS violation causes an accident. Trucking companies are required by law to monitor compliance and maintain accurate driving records. When they encourage rule-breaking, they can be held responsible for any resulting injuries and fatalities that occur — contact a wrongful death attorney in Fort Myers.
If you were injured in a crash involving a commercial truck, an attorney can request driver logs and other records to determine whether an HOS violation occurred. This evidence often plays a critical role in proving negligence.
Contact Garvin Injury Law for Help After a Truck Accident in Florida
If you suspect that a commercial driver violated federal or state hours of service regulations and caused your accident, don’t wait to take action. The legal team at Garvin Injury Law has the experience and resources to investigate your case and fight for your rights in court.
We’ve won tens of millions for our clients and are ready to get to work on your claim as well. Call us today at (239) 277-0005 for a free consultation to learn more about how we can help you after a trucking accident.