Truck drivers tend to find themselves behind the wheel for long hours due to a combination of having to drive long distances to fulfill shipments and the overhead pressure from management to do so within a tight turnaround time. With this, they may take it upon themselves to forgo necessary rest breaks to meet these deadlines. Ultimately, it is quite common for truck drivers to feel fatigued while on the clock. This is unfair to them and all the innocent drivers on the road who may be subjected to the effects of their drowsy driving. Well, please continue reading to learn the hours of service laws governing truckers and how an experienced Panama City truck accident attorney at Manuel & Thompson, PA can assist you should a violation transpire into an unfortunate aftermath.
What hours of service laws govern truckers in the state of Florida?
Like all other states, Florida trucking operations are governed by the Federal Motor Carrier Safety Administration (FMCSA). A large part of these regulations concerns hours of service. That said, truck companies must make schedules for their truckers that comply with the following limits:
- A driver may not drive more than 11 hours within a 14-hour period after 10 consecutive hours off-duty.
- A driver may not drive more than 60 hours within seven consecutive days or 70 hours in eight days.
- A driver must take a 34 consecutive-hour break after being on duty for seven to eight consecutive days.
- A driver must take a 30-minute break after eight consecutive hours of driving.
Importantly, though, Florida’s Office of Commercial Vehicle Enforcement (OCVE) places additional requirements beyond these federal standards specifically for truckers only operating on intrastate commerce. These hours of service rules read as follows:
- A driver may not drive more than 16 hours after 10 consecutive hours off-duty.
- A driver may not drive more than 70 hours within seven consecutive days or 80 hours in eight days.
What should I do if I collide with a drowsy or fatigued driver?
You may have noticed a truck driver operating the commercial vehicle poorly, but could not reasonably or safely avoid a collision with them. Once law enforcement responds, you may rule out being intoxicated after they pass a breathalyzer test. There may not have been a handheld device or technology present to distract them while driving. This is when you might start considering their drowsiness or fatigue.
For this, you may need your legal representative to assist you in obtaining copies of the truck driver’s work schedule from their company. Or, you may more easily record an admission of guilt from the trucker at the accident scene, who states that they skipped their mandatory, scheduled rest breaks. Either way, a trucker or their employer must be held liable for your damages through a personal injury claim.
If you still have lingering questions at this point in time, please do not hesitate to reach out to a skilled Panama City auto accident attorney. The team at Manuel & Thompson, PA will certainly be the perfect fit for you.
