Recently a jury voted in favor of a mother of 2 and start track and field athlete who's live was forever altered by a truck driver who had not slept in more than 24 hours.
While I applaud the jury's decision this case underscores what has become a consistent and growing problem with the intra-state trucking industry – drivers are ignoring the safety regulations.
I this particular case the driver of a truck had been out all night the day before and had not slept yet went to work anyway. The driver later made a left turn directly in front of a car causing a serious crash in which the plaintiff sustained major injuries.
This is an example of the growing problem where Truck drivers are ignoring the out of service rules set forth in the federal motor carrier safety regulations. Luckily, attorneys who understand putting together timelines of the truck drivers routes using the truck’s on-board computers, GPS tracking equipment ,toll receipts, bills of laden and phone tower pings of the truck drivers phone are proving these rest/sleep violations regularly.
The driver of the truck may have been thinking “so I'm tired so what? I just need to drink an energy drink and suck it up so I can get paid today.” Such simple flawed decisions are made every day by hundreds of drivers on Florida's roads. Not only do drivers not consider the possibilities of their irresponsibility, they are in blatant violation of regulations put in place to prevent such needless accidents.
As an attorney who represents victims of truck accidents I see this scenario repeated again and again. Often drivers simply ignore the rules and put others at risk but companies can be at fault too when they fail to instruct or enforce compliance of the rules with their drivers. This problem is especially prevalent with intra-state truckling, where often the driver of the truck may work as a delivery driver and not necessarily a trucking company. This situation often means both the company and the employee are not fully aware of the regulations and their responsibilities.
The lack of due diligence that companies and drivers have been displaying will result in many more injuries and deaths to come. What the drivers and company owners may not know however is there are many tools available for attorneys to prove negligence without a shadow of a doubt and hold the parties accountable for their actions.
Personal Injury Attorney Bernard Walsh, Bradenton Florida
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