Trucking Accidents Florida
Sharpe Trial Law always provide our clients with superb legal representation coupled with complete client care. We accomplish this through working closely with highly qualified experts and conducting a thorough investigation into every matter.
In the event of a trucking accident, here is an example of what we do and why;
- We always inspect the accident location.
- Obtain photos of the scene through law enforcement, witnesses, or the client.
- In crashes involving an individual who has crashed into / or under a truck, we identify where exactly the truck was stopped at time of impact (location / position), why it was stopped, and for how long.
- We do this to ensure that the driver met the requirements under 49 C.F.R Sec 392.22 (requires the driver to activate the hazard warning signal flashers whenever the truck is stopped upon then traveled portion of the highway or the shoulder of the highway for any cause other than necessary traffic stops).
- The driver shall also, as soon as possible (at least within 10 minutes) place emergency warning devices out (reflective triangles / flares)
- We obtain the crash report / homicide report / tractor trailer inspection report by Florida’s Department of Transportation.
- We inspect the Truck.
- We determine if the truck complied with various federal / state / local regulations.
- 49 C.F.R. Sec 393.9-393.33 of Federal Motor Carrier Safety Regulations require
- markers, id lamps, clearance lamps facing the front, sides, and rear of the vehicle,
- head lamps, tail lamps, and turn signal lamps.
- Trucks made after December 1993 must have reflex reflectors or retro reflective material placed on the back of the trailers.
- The reflective material must be located on the back of both the trailer and the tractor.
- The rear of the trailer is required to have an alternating red and white stripe extending from one side of the trailer to the other and be 4 feet from the roadway or as close as possible.
- The entire portion of the rear impact guard must have the reflective material
- 49 C.F.R. Sec 392.33 – No commercial motor vehicle shall be driven when any of the required lamps or reflectors are obscured by the tailboard, by any part of the load, by dirt, or otherwise.
- Consideration of the Weather and/or other hazardous conditions.
- 49 C.F.R Sec 392.14 – Truck Drivers and Owners must use extreme caution in the operation of a commercial motor vehicle when hazardous conditions (fog, snow, ice, sleet, dust, rain, smoke, mist) adversely affect visibility or traction. Speed shall be reduced when conditions exist. If conditions become extremely dangerous, operation of motor vehicle shall be discontinued.
- Determination of the background / experience / competency of the truck driver.
- Obtain drivers qualifications.
- Obtain drivers hours of service log (Was the driver tired? Even if hours are properly recorded, we always dig deeper. 1200 miles in 11 hours does not allow for sufficient rest)
- Was driver medically qualified / competent?
- Did driver satisfy road test / possess a valid commercial license?
- Investigate potential causes of action in products liability. Identify the Rear Impact guard – ICC bumper/trailer under-ride guard and determine if a defective design is present or if the manufacturer was not in compliance with regulations.
- Outermost surface must extend w/in 4 inches of side of trailer / not exceed beyond either side
- Bottom surface of guard not more than 22 inches off the ground
- Rear most portion must be within 12 inches of rear extremity of trailer.
The rear of the trailer is required to have an alternating red and white stripe extending from one side of the trailer to the other and be 4 feet from the roadway or as close as possible.
The entire portion of the rear impact guard must have the reflective material.
49 C.F.R. Sec 392.33 – No commercial motor vehicle shall be driven when any of the required lamps or reflectors are obscured by the tailboard, by any part of the load, by dirt, or otherwise.