A collision with a fully loaded, 80,000-pound commercial truck is a catastrophic event. These accidents, often occurring on major Florida highways like I-95 and the Turnpike, leave a wake of devastation.
While the immediate focus is often on the truck driver's actions, the reality is that the root cause is frequently more complex. Our firm investigates the common causes of truck accidents in Florida to identify every party whose negligence contributed to the crash.
This deep dive is essential for holding large trucking companies and their insurers fully accountable.
From the black box to the boardroom:
- Federal regulations known as the Federal Motor Carrier Safety Regulations (FMCSR) govern nearly every aspect of the trucking industry, from driver hours to vehicle maintenance.
- Evidence in a truck accident claim, such as the truck's electronic data recorder ("black box") and company maintenance logs, can be legally destroyed if not preserved with an immediate spoliation letter.
- Liability often extends beyond the driver to the trucking company for negligent hiring, poor training, or pressuring drivers to violate safety rules.
- Accidents caused by improperly loaded or overweight cargo may lead to claims against a separate third-party shipping or loading company.
Driver-Related Causes: More Than Just a Simple Mistake
The person behind the wheel of the tractor-trailer is the most visible party in an accident. While many truck drivers are safe professionals, a single poor decision or violation of safety rules can have deadly consequences.
Our investigation always begins with the driver's actions but rarely ends there.
The dangers of driver fatigue
Driving while fatigued can be as dangerous as driving while intoxicated. Federal law strictly limits the number of hours a commercial driver can be on the road. These Hours of Service (HOS) regulations are designed to prevent drowsy driving.
Drivers may violate HOS rules for several reasons.
- Pressure from the carrier. Trucking companies may set unrealistic delivery schedules that force drivers to stay on the road longer than is safe or legal.
- Falsifying logbooks. Before the mandate of Electronic Logging Devices (ELDs), drivers could more easily falsify their paper logs to hide HOS violations.
- Economic incentives. Some drivers may push the limits to complete more runs and increase their pay, putting everyone on the road at risk.
We analyze a driver's electronic logs, dispatch records, and fuel receipts to create a timeline of their activity and uncover any evidence of fatigue or HOS violations.
Distracted driving in a commercial vehicle
Operating a large truck requires a driver's complete and undivided attention. Yet, truck drivers are susceptible to the same distractions as any other motorist. Using a handheld cell phone, interacting with a dispatching device, or adjusting a GPS while driving are all common forms of distraction that can lead to a devastating accident. We can seek to obtain cell phone records and data from in-cab cameras to prove that a driver was not paying attention in the moments before a crash.
Inexperience and inadequate training
Driving a commercial truck safely requires a high level of skill and training, especially in adverse weather conditions or heavy traffic. Some trucking companies, in an effort to save money or fill a driver shortage, may put inexperienced or poorly trained drivers on the road.
A driver who has not been properly trained on how to handle their specific vehicle, conduct a proper pre-trip inspection, or navigate steep grades can easily make a fatal error. We investigate a driver's training and employment history to see if the trucking company put an unqualified operator behind the wheel.
Corporate Negligence
In many truck accident cases, the driver's mistake is a symptom of a larger, systemic failure within the trucking company itself. Federal regulations place a heavy burden of responsibility on motor carriers to ensure their operations are safe. When they cut corners on safety to increase their profits, they can be held directly liable for the resulting harm.
Negligent hiring and retention
A trucking company has a legal duty to vet its drivers thoroughly before hiring them. This includes a comprehensive background check, a review of their driving record, and drug and alcohol screening. A company that hires a driver with a known history of DUIs, reckless driving, or previous accidents is acting negligently. Similarly, a company that keeps a driver employed after they have committed serious safety violations can also be held liable for negligent retention.
Failure to maintain the fleet
Commercial trucks are complex machines that travel hundreds of thousands of miles a year under harsh conditions. They require constant and rigorous maintenance to remain safe. The Federal Motor Carrier Safety Administration (FMCSA), a branch of the DOT, sets out detailed maintenance and inspection requirements.
Common maintenance-related failures that lead to accidents include:
- Brake failure. A truck's air brake system is complex, and worn brake pads, leaks in the air lines, or improperly adjusted brakes can lead to a total loss of stopping power.
- Tire blowouts. Worn, underinflated, or mismatched tires are prone to catastrophic failure at highway speeds, which can cause the driver to lose control.
- Steering and suspension failure. Neglected steering components or a broken suspension can make the vehicle impossible to control.
We subpoena the trucking company's full maintenance records for the specific truck involved in the crash. Gaps in the records, overdue inspections, or a history of recurring problems can be powerful evidence of corporate negligence.
Pressuring drivers to violate the rules
Some motor carriers create a corporate culture that prioritizes speed and profit over safety. They may offer bonuses for early deliveries that encourage speeding or implicitly threaten drivers who refuse to drive longer than the legal HOS limits.
This type of corporate pressure can be more difficult to prove, but it can be uncovered through driver depositions and a review of the company's communication and compensation policies.
When a company creates an environment where safety rules are treated as mere suggestions, it shares in the responsibility when an inevitable crash occurs.
Third-Party Liability: Other Responsible Parties
Sometimes, the cause of a truck accident has nothing to do with the driver or the trucking company. Several other entities are involved in the complex process of getting cargo from one point to another, and any one of them can make a mistake that leads to a tragedy on the road.
Improper cargo loading and securement
The way cargo is loaded onto and secured in a trailer is critical to the truck's stability. If cargo is not properly balanced, it can cause the truck to be top-heavy and prone to rolling over in a turn.
If cargo is not properly secured, it can shift during transit, causing a sudden change in the vehicle's center of gravity and leading to a loss of control. In a flatbed truck accident, unsecured cargo can fall off the trailer and into the path of other vehicles.
The responsibility for loading and securing cargo may not lie with the driver or their company. Often, a separate third-party shipping or loading company is responsible for this task. If their negligence in loading the trailer was a cause of the accident, they can be named as a defendant in the lawsuit.
Negligent maintenance by a third-party repair shop
Many trucking companies outsource their vehicle maintenance and repairs to third-party service facilities. If a mechanic at one of these facilities performs a faulty brake job, installs a tire incorrectly, or fails to properly diagnose a serious mechanical issue, that repair shop can be held liable for a resulting crash.
Proving this type of negligence requires a deep dive into the service records and often involves expert testimony from a certified truck mechanic.
Defective truck parts and manufacturing flaws
In some cases, the cause of an accident can be traced back to the very beginning: the manufacturing of the truck or one of its essential components. A design flaw in the steering system, a manufacturing defect in a tire, or a faulty coupling on the trailer can all lead to catastrophic failure on the road.
These product liability claims are highly complex and are brought against the multinational corporation that manufactured the defective part.
FAQ for Common Causes of Truck Accidents in Florida
What is the black box in a truck and why is it important?
The black box, or Electronic Data Recorder (EDR), is a device that records a wealth of data about the truck's operation, such as its speed, braking, and engine RPMs in the moments before, during, and after a crash. This data is objective and can be used to prove what the driver was doing. It is essential to send a legal demand to the trucking company immediately to prevent them from erasing this data.
How is a truck accident claim different from a car accident claim?
Truck accident claims are far more complex. They involve federal regulations, multiple potential defendants, and unique types of evidence like driver logs and maintenance records. The injuries are often much more severe, and the insurance policies are much larger, which means the trucking company's insurer will fight the claim much more aggressively.
If the truck driver received a ticket, does that automatically mean I win my case?
A traffic citation is helpful evidence of the driver's negligence, but it does not guarantee a victory in your civil case. The insurance company can still argue about the extent of your injuries or claim that you were also partially at fault for the accident. The ticket is a strong starting point, but it is not the end of the legal process.
The trucking company's insurance adjuster has already called me. What should I do?
You should not give a recorded statement or sign any documents without first speaking to an attorney. The adjuster's job is to protect their company's interests, which means their goal is to pay out as little as possible. Anything you say can be used against you. It is best to politely decline to speak with them and refer them to your lawyer.
The Pursuit of Full Accountability
The causes of a truck accident are rarely as simple as they first appear. A thorough and immediate investigation is the only way to uncover the full story and identify every party whose negligence contributed to the collision.
Holding a driver, their company, a shipper, or a manufacturer accountable is not just about securing fair compensation for you; it is about making our Florida roads safer for everyone.
Our firm has the resources and the dedication to take on these complex cases. We dig deep to find the truth. If you or a loved one has been affected by a truck accident, we invite you to contact our truck accident lawyer through our website to learn how we can assist you.