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Possible scenarios where the trucking company
could be found negligent in your accident

One of the first pieces of advice Florida drivers receive when learning to navigate the roads is to always be mindful of nearby vehicles. Drivers in other cars, trucks, and SUVs present enough of a hazard if they are driving unsafely. Road conditions become even more dangerous in cases in which commercial trucks are involved in risky behavior. Commercial truck drivers and their employers may be liable for an accident victim’s injuries if the driver or the trucking company failed to take reasonable steps to share the road safely. The attorneys at Ohle and Ohle can help Florida commercial truck accident victims recover compensation for their injuries.

Commercial trucks are inherently more dangerous than passenger vehicles for several reasons. Large trucks like box trucks, semi trucks, and flatbeds present greater risks on Florida roads due to their size. Hazardous or improperly-loaded cargo can potentially create additional problems in the event of an accident.

To minimize the risks associated with commercial trucks, drivers and trucking companies are required to adhere to more stringent safety standards. These legal guidelines call for drivers to receive additional licensing and training. Commercial truck owners must also have their vehicles properly serviced to prevent mechanical hazards. Employers can only allow drivers to operate trucks for a limited number of hours without requiring drivers to take a mandatory rest break. Failure to follow legal guidelines and industry standards may result in a court ordering a truck driver or commercial truck company to compensate the victim in a Florida truck accident.

There are several ways in which companies in the commercial truck industry and truck drivers sometimes behave negligently. Listed below are a few examples.

Driving with excessive speed

Speeding can be dangerous when anyone does it. The risk of a serious accident occurring increases when commercial trucks travel faster than the speed limit. Larger vehicles require a greater stopping distance. Truck drivers are generally trained to remain a safe distance behind the vehicle in front of the truck. Speeding reduces the amount of time and space a driver has to come to a safe stop should the need suddenly arise.

Disregarding hazardous weather

A change in weather calls for a change in driving behavior. The law calls for all drivers to adjust their behavior accordingly. For truck drivers, this may mean slowing down and increasing their following distance even more when the pavement is slippery. If heavy rain, snow, or fog limits visibility, the driver may be required to adjust the truck’s light settings or even pull over and wait for conditions to improve.

Commercial truck drivers often operate on a tight schedule. Therefore, a driver may feel pressured to drive unsafely in hazardous conditions.

Driving while distracted

Drivers spend their entire workday on the road. Getting distracted can happen fairly easily. Distracted driving can be as dangerous as drunk driving. Therefore, truck drivers must take precautions to reduce distractions while on the road. Distractions may originate inside the vehicle or from the outside. Eating, texting, using a phone, and reading are common distractions that arise from inside the vehicle. Exterior distractions include objects along the road, other vehicles, and pedestrians. If a driver causes an accident while distracted, the driver will likely be liable for any resulting injuries to others on the road.

Driving while drowsy

Drowsy driving is often compared to driving while intoxicated. A drowsy driver is more likely to have a slower reaction time, compromised judgment, and more difficulty remaining in control of the vehicle. Truck drivers can easily become fatigued by the physical demands and intense mental focus their occupation requires of them. Although required rest breaks are standard in the industry, employers and drivers are sometimes inclined to push the limits to meet deadlines. To avoid drowsy driving accidents, employers should monitor and enforce rest break requirements. Drivers should get adequate sleep when off duty and pull over at the first sign of drowsiness when on the road. Getting exercise and proper nutrition can help drivers manage fatigue in the long-term.

Driving while intoxicated

Truck drivers receive random testing to detect drug and alcohol use. Even though there is the constant possibility of drug testing, some truck drivers still drive while under the influence. The commercial truck industry is not immune to common sociological problems like drug addiction and alcohol abuse. Addicts are generally unable to function without abusing their substance of choice or a substitute. Therefore, it should come as no surprise that a small percentage of drivers test positive for drugs or alcohol. Both the employer and the driver may be liable if an intoxicated driver causes injury in a truck accident.

Improperly maintaining a vehicle

Trucking companies are responsible for maintaining their trucks in safe, operable condition. If investigators determine a truck accident was caused by improper vehicle maintenance, the driver may not be at fault; however, the driver’s employer may be ordered to compensate victims injured in the accident. Brake failure, broken windshield left unrepaired, and badly worn tires are examples of improper or lacking maintenance.

Florida truck accidents caused by reckless driving

Florida courts usually apply the theory of negligence when deciding truck collision cases. However, sometimes a court may award damages to an accident victim if the driver or trucking company behaved recklessly. A defendant behaves reckless if it acts in a way that reflects willful or wanton disregard for the safety of others. If the behavior is especially egregious, judges sometimes award punitive damages to discourage similar behavior by the defendant and others. Although punitive damages are not designed to cover the plaintiff’s losses, courts order punitive damages to be paid to the plaintiff.

Contact Ohle and Ohle to learn more about Florida truck accident victims’ right to receive compensation. Our compassionate team will go over the facts of your case to determine the available legal remedies. Call us today to receive a free case evaluation.

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