Brandon Personal Injury Attorney
It's Like Having a Lawyer in the Family
Follow Us Facebook Twitter Linked In

Call For a FREE Consultation Handset 813-438-5960 Serving Brandon, Tampa and all of Florida

Proving Truck Crash Liability in Florida

Truck9

The number of large truck crashes has increased over 40 percent since 2009. Since these vehicles are so heavy, these wrecks often involve almost unimaginable force, especially at freeway speeds. As a result, these crashes often cause catastrophic injuries. Additionally, due to the extensive physical damage, gathering evidence is sometimes a problem.

Victim/plaintiffs have the burden of proof in vehicle collision cases. Brandon car accident lawyers must establish negligence, or a lack of care, by a preponderance of the evidence. Fortunately, there are a number of evidentiary sources available. And, in many cases, this proof is very compelling.

ELD

Electronic Logging Devices provide absolute proof of compliance with HOS (Hours of Service) laws. Both the federal government and Florida have very strict laws in this area. Truck drivers can only stay on the road for so many hours in a day or week, and then they must rest.

HOS laws curtail drowsy driving crashes. Fatigue is a serious problem, especially among long-haul truckers. Most shipping companies pay drivers by the load instead of the mile. So, to make money on each job, they must drive as long as possible.

Drowsiness and alcohol have the same effect on the brain. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for commercial drivers in Hillsborough County.

Before the ELD mandate took effect, drivers used paper log books for HOS record-keeping purposes. These log books were easy to fake. ELDs, on the other hand, are connected to the vehicle’s drivetrain. That’s why the evidence is almost irrefutable in court. That’s also why the trucking industry fought the ELD requirement all the way to the Supreme Court. Executives realize that these gadgets are game-changers, in terms of drowsy driving evidence.

SMS

Most truckers have drivers’ licenses in several different states. So, it is not easy to get a complete picture of a trucker’s driving record. For example, a trucker could have a terrible driving record in Georgia and a stellar record in Florida.

Several years ago, the Federal Motor Carrier Safety Administration rolled out the Safety Maintenance System database. The SMS database is like a multi-state driving record which keeps track of things like vehicle maintenance history, prior traffic violations, and crash history. So, if a trucker has a bad driving record out of state, Hillsborough County jurors will probably learn about it in court.

As a bonus, SMS information is usually more accurate than judicial records. For example, if a trucker took defensive driving to take care of a speeding ticket, the citation will probably not show up in judicial records. But the SMS database usually uses law enforcement records. So, the phantom ticket will most likely pop up.

EDR

Event Data Recorders are basically more complete ELDs. Instead of operational hours, EDRs measure and record things like:

  • Vehicle speed,
  • Steering angle,
  • Engine RPM, and
  • Brake application.

These figures could be vital in a car crash claim. And, since they come from a computer, it’s almost impossible for insurance company lawyers to successfully challenge EDR evidence in court.

Large truck EDRs are extremely sophisticated. An attorney must have the right skills and tools to access and download EDR information.

That’s assuming the device is available. In many cases, that’s not true. As mentioned, truck wrecks are often catastrophic. And, most insurance companies destroy totaled trucks, including the EDR, within a few days.

So, an attorney must quickly send a spoliation letter to the insurance company. This letter creates a legal duty to preserve all potential physical evidence, including the EDR, in the case.

Contact Aggressive Attorneys

Truck crash victims might be entitled to substantial compensation. For a free consultation with an experienced car accident injury lawyer in Brandon, contact Reed & Reed, Attorneys at Law. We have four area offices (St. Petersburg, Lakeland, Tampa, and Clearwater).

Resource:

fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2017

https://www.needreed.com/top-five-traffic-tickets-and-how-they-affect-car-crashes/

Brandon Personal Injury
Reed & Reed, Attorneys at Law, is located in Brandon, FL and serves clients in
and around Brandon, Tampa, Apollo Beach, Sydney, Gibsonton, Balm, Valrico, Wimauma, Sun City Center, Lithia, Ruskin, Durant, and Hillsborough County.

Our Locations

Brandon

101 East Lumsden Road
Brandon, FL 33511
Tel: 813-438-5960
Fax: 813-438-5995

St. Petersburg

1700 66th Street North, Ste. 104-1008
St. Petersburg, FL 33710
Tel: 727-362-7520
Fax: 727-362-7521

Lakeland

248 N Kentucky Avenue #72
Lakeland, FL 33801
Tel: 863-274-7715
Fax: 863-274-7716

Tampa

401 E Jackson Street, Ste. 2340
Tampa, FL 33602
Tel: 813-440-6678
Fax: 813-440-6682

Clearwater

13575 58th Street N, Ste. 200
Clearwater, FL 33760
Tel: 727-767-9914
Fax: 727-767-9915

Memberships

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from www.NeedReed.com

MileMark Media - Practice Growth Solutions

© 2014 - 2020 Reed & Reed, Attorneys at Law. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab