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Hollywood, FL Truck Accident Lawyer

At Neufeld & Kleinberg, PA, we are dedicated to holding negligent truck drivers and companies accountable for their actions. Reach out today and let us put our experience to work for you in securing the compensation you deserve.

If you’ve been involved in a truck accident in Hollywood, FL, the aftermath can be overwhelming, from serious injuries to mounting medical bills. At Neufeld & Kleinberg, PA, our experienced truck accident lawyers are committed to providing aggressive and compassionate representation to help you navigate the complexities of your case.

 

 

We understand the unique challenges that come with truck accidents, including issues related to driver fatigue, equipment failures, and federal regulations. Our team will work tirelessly to investigate the circumstances of your accident, determine liability, and fight for the compensation you deserve.

With a proven track record of success, Neufeld & Kleinberg, PA, is here to guide you through this challenging time and ensure your legal rights are protected.

Federal Regulations for Florida Truck Drivers

Truck drivers in Florida, as in other states, are subject to a variety of federal regulations that govern their operations, safety, and conduct on the road. These regulations are designed to ensure the safe and efficient transportation of goods while minimizing risks to public safety.

The primary set of rules governing commercial truck drivers is the Federal Motor Carrier Safety Regulations, enforced by the Federal Motor Carrier Safety Administration. Here, we will explore key federal regulations that apply to Florida truck drivers.

Hours of Service Regulations

One of the most crucial sets of regulations for truck drivers is the Hours of Service rules, which are designed to prevent driver fatigue, a significant factor in truck accidents. The FMCSA sets limits on how long a driver can be on the road without taking rest breaks and how much time they must rest between driving shifts.

For example, drivers are generally required to take a 30-minute break after eight hours of driving. They must also comply with daily and weekly limits on driving hours. A truck driver can drive a maximum of 11 hours during a 14-hour period but must rest for at least 10 consecutive hours before beginning a new shift. Additionally, the FMCSA limits a driver to a total of 60 driving hours within seven consecutive days or 70 hours within eight consecutive days, depending on the employer’s schedule.

These rules are critical in Florida, given the state’s large volume of truck traffic, especially on highways like I-95, I-75, and the Florida Turnpike. The enforcement of these regulations helps prevent accidents caused by drowsy or fatigued drivers.

 

 

Vehicle Maintenance and Inspections

Under federal law, commercial truck drivers and their employers are required to ensure their vehicles meet safety standards and undergo regular maintenance and inspections. This is governed by regulations outlined in Part 396 of the FMCSRs.

Florida truck drivers must conduct pre-trip inspections to ensure that their vehicle is in proper working condition before beginning a trip. These inspections include checking brakes, tires, lights, and other critical systems.

Additionally, trucks must undergo periodic inspections by certified mechanics to ensure compliance with federal safety standards. If a truck is found to be in unsafe condition, it can be removed from the road until necessary repairs are made.

Weight Limits and Load Securing

Federal regulations also govern the weight limits of trucks and how loads should be secured. Trucks operating in Florida must comply with weight limits set by the FMCSA and the U.S. Department of Transportation.

The typical weight limit for a standard commercial vehicle is 80,000 pounds, including the truck and its cargo. However, exceptions exist for specific types of loads, such as certain agricultural products, which may have different weight allowances.

In addition to weight regulations, federal rules require truck drivers to properly secure their cargo to prevent accidents caused by shifting loads. This is governed by regulations in Part 393 of the FMCSRs, which outline proper tie-down methods and equipment specifications. Improperly secured loads can lead to dangerous accidents, particularly when trucks are navigating Florida’s busy roadways.

Drug and Alcohol Testing

Truck drivers in Florida must comply with federal regulations regarding drug and alcohol testing. The FMCSA mandates that drivers undergo drug and alcohol testing before being hired, after accidents, and at random intervals throughout their employment. These tests are designed to ensure that drivers are not impaired while operating commercial vehicles.

Drivers who test positive for drugs or alcohol can face penalties, including suspension of their commercial driver’s license, fines, or even disqualification from driving. This regulation is critical for maintaining safety on Florida’s highways, where large commercial trucks share the road with passenger vehicles.

 

 

Electronic Logging Devices

To ensure compliance with Hours of Service regulations, the FMCSA requires most truck drivers to use Electronic Logging Devices. These devices automatically record driving hours and monitor a driver’s compliance with HOS limits. In Florida, as in other states, drivers must ensure that their ELDs are functioning correctly and that their driving hours are accurately logged.

These devices are an important tool for increasing transparency and reducing the potential for fraud, as they eliminate the need for paper logs, which could be manipulated. The implementation of ELDs helps to ensure that truck drivers are adhering to safety standards, reducing the risk of accidents caused by excessive driving hours.

Federal regulations play a vital role in maintaining safety and efficiency in the trucking industry, including in Florida. Truck drivers and their employers must comply with regulations related to driving hours, vehicle maintenance, load securing, drug and alcohol testing, and the use of electronic logging devices.

By adhering to these regulations, Florida truck drivers help ensure safer roads for everyone and minimize the risk of accidents caused by fatigue, vehicle defects, or improper cargo handling.

How Fault is Determined in a Hollywood, FL Truck Accident

Determining fault in a Hollywood, FL truck accident is a complex process that involves multiple factors, including the actions of the truck driver, the trucking company, and other parties involved in the incident. The Florida legal system operates on a comparative fault basis, meaning that multiple parties can share responsibility for an accident.

In truck accidents, it is important to identify who or what caused the collision to determine liability and ensure that the injured parties can secure the compensation they deserve. Below is an overview of how fault is determined in a Hollywood, FL truck accident.

Investigation of the Accident Scene

The first step in determining fault is conducting a thorough investigation of the accident scene. This is typically done by law enforcement officers, accident reconstruction experts, and sometimes, truck accident lawyers.

They gather crucial evidence, such as photographs of the scene, skid marks, damage to vehicles, and debris, which can all offer insights into the events leading to the accident.

In a Hollywood, FL truck accident, investigators will also examine the road conditions, weather at the time of the crash, and any traffic violations that may have occurred.

For example, if the truck was speeding or failed to adhere to traffic signals, this could indicate that the driver was at fault. Additionally, if the accident occurred in a construction zone, investigators will consider whether proper safety measures were in place.

 

 

Driver Error

In many truck accidents, driver error is a key factor in determining fault. Truck drivers are required to follow strict safety regulations to prevent accidents, and when they fail to do so, they can be held responsible for the crash.

Common types of driver error that may lead to truck accidents in Hollywood, FL include:

  • Distracted Driving: This includes texting, talking on the phone, or engaging in other distractions while driving. Truck drivers who engage in distracted driving may be found at fault for the accident.
  • Driver Fatigue: Truck drivers are limited by federal regulations regarding how many hours they can drive consecutively. If a truck driver violates these hours of service regulations and causes an accident due to fatigue, they can be held liable for the crash.
  • Reckless or Aggressive Driving: Tailgating, speeding, and failure to yield the right of way are all forms of aggressive driving that can lead to a truck accident. If a truck driver is found to be driving aggressively, they may be determined at fault.
  • Driving Under the Influence: Truck drivers under the influence of alcohol or drugs are at a significantly higher risk of causing accidents. If the driver involved in the Hollywood accident is found to be impaired, they will likely be held fully responsible for the crash.

Truck Maintenance and Vehicle Defects

Truck accidents in Hollywood, FL are sometimes caused by mechanical failure due to poor maintenance or defective parts. If the truck involved in the accident was not properly maintained or had defective components, this can be an important factor in determining fault.

For example, a truck with faulty brakes or tires may not be able to stop in time, leading to a collision. In such cases, the trucking company could be held responsible if they failed to maintain the vehicle properly.

Additionally, if the accident was caused by a defect in the truck’s manufacturing, the manufacturer of the defective part could also be held liable for the crash.

 

 

The Role of the Trucking Company

The trucking company that employs the driver may share responsibility for the accident, particularly if they failed to adhere to regulations or provide proper training and oversight.

Under the doctrine of vicarious liability, a company can be held liable for the actions of its employees if the employee was performing duties within the scope of their employment at the time of the accident.

Some of the trucking company’s responsibilities include:

  • Proper Training: Trucking companies are required to ensure that their drivers are properly trained to operate large commercial vehicles safely. If the company hired an unqualified driver or failed to provide adequate training, it may be held partially responsible for the accident.
  • Vehicle Maintenance: As mentioned, trucking companies are responsible for ensuring that their trucks are properly maintained and meet safety standards. If the company neglected regular maintenance or used defective parts, they could be liable for the accident.
  • Compliance with Hours of Service Regulations: Trucking companies are also responsible for ensuring that their drivers comply with federal hours of service regulations. If the company encourages or pressures a driver to drive beyond the legal limits, and this results in an accident, the company can be held accountable.

Other Contributing Factors

While the truck driver and trucking company are often the primary parties involved in a truck accident, other factors may contribute to the crash, and other parties may share fault. For example:

  • Other Drivers: If the accident was caused by another vehicle cutting off the truck or engaging in unsafe behavior, the driver of that vehicle may also be partially responsible.
  • Road Conditions: Poor road conditions, such as potholes or poorly marked construction zones, can contribute to accidents. In such cases, the government agency responsible for maintaining the roads may be held liable.
  • Weather Conditions: In some instances, inclement weather, such as rain, fog, or strong winds, can play a role in accidents. While weather alone typically does not determine fault, it may be considered when evaluating the driver’s actions.

Determining Comparative Fault

Florida follows a comparative fault system, meaning that fault can be shared among multiple parties involved in the accident. Each party’s degree of fault will be determined, and compensation will be adjusted based on their percentage of responsibility.

For example, if the truck driver is found to be 70% at fault and another driver 30%, the other driver’s compensation would be reduced by their percentage of fault.

Determining fault in a Hollywood, FL truck accident is a multifaceted process that involves investigating the actions of all parties involved. By examining the truck driver’s behavior, the trucking company’s practices, the condition of the truck, and any external factors, investigators can determine liability.

If you or a loved one has been injured in a truck accident, consulting an experienced truck accident lawyer can help ensure that the responsible parties are held accountable and that you receive the compensation you deserve. At Nuefeld & Kleinberg, PA, we are passionate about helping you get a fair outcome after being injured due to someone else’s negligence.

 

 

How Do Truck Accidents Differ From Standard Car Accidents?

Truck accidents differ significantly from standard car accidents due to several factors, including the size and weight of commercial trucks, federal regulations governing truck drivers, and the complexity of the parties involved. These differences can lead to unique challenges in terms of liability, insurance claims, and the extent of injuries. Below, we explore how truck accidents differ from car accidents in various ways.

Size and Weight of Commercial Trucks

One of the most obvious differences between truck and car accidents is the size and weight disparity between the two vehicles. A fully loaded commercial truck can weigh up to 80,000 pounds, which is many times heavier than the average passenger car, which weighs around 3,000 to 4,000 pounds. This size and weight difference leads to significantly more severe consequences in the event of a collision.

In a truck accident, the immense weight of the truck can cause more extensive damage to other vehicles, buildings, or infrastructure. For example, a collision between a truck and a passenger car is more likely to result in catastrophic injuries or fatalities due to the sheer force of impact.

The damage to the truck itself may also be more significant, and the size of the truck can complicate the process of determining fault, as trucks are harder to maneuver and stop in comparison to smaller vehicles.

Federal Regulations Governing Truck Drivers

Truck drivers are subject to much stricter regulations than the average passenger vehicle driver. The Federal Motor Carrier Safety Administration enforces a set of rules known as the Hours of Service regulations, which limit how long a truck driver can be on the road and how much rest they must take. These rules are designed to prevent driver fatigue, a common factor in truck accidents.

In contrast, passenger vehicle drivers are not subject to such extensive regulations. This difference in regulation means that trucking companies and truck drivers are held to a higher standard, and any violations of these regulations, such as driving beyond the legal limits of hours or driving under the influence, can increase the severity of a truck accident and complicate liability.

Additionally, truck drivers are required to maintain a commercial driver’s license, and trucking companies must ensure their vehicles undergo regular inspections and maintenance. These regulations ensure that trucks remain roadworthy and safe, and failure to comply can result in the driver or company being held responsible for the accident.

Involvement of Multiple Parties

Truck accidents often involve more parties than standard car accidents. While a car accident typically involves just the two drivers and possibly their respective insurance companies, a truck accident can involve several parties, including:

  • The Truck Driver: The driver is often the first party considered when determining fault. However, truck drivers are sometimes employees of a larger trucking company, which can complicate matters.
  • The Trucking Company: The company that owns the truck can be held liable for accidents if their driver was operating the vehicle under unsafe conditions, such as not following Hours of Service regulations or failing to maintain the vehicle properly.
  • The Cargo Shipper: If the cargo being transported was improperly loaded or secured, causing the truck to become unstable, the company that loaded the truck could be liable.
  • The Vehicle Manufacturer: In some cases, if the truck’s equipment or parts fail due to a manufacturing defect, the manufacturer of the truck or its components may be held accountable.

This complexity in identifying all potentially liable parties makes truck accident claims more complicated and often requires the expertise of an attorney who understands the intricacies of the trucking industry.

 

 

Severity of Injuries

Truck accidents typically result in more severe injuries compared to standard car accidents due to the large disparity in size and weight. The victims of truck accidents, especially those in passenger vehicles, often suffer from catastrophic injuries such as:

  • Spinal Cord Injuries: The impact of a truck hitting a passenger vehicle can result in severe damage to the spine, often leading to paralysis.
  • Traumatic Brain Injuries: Given the size of trucks, accidents involving trucks are more likely to cause head trauma, leading to concussions, brain bleeds, or permanent cognitive impairment.
  • Internal Injuries: The force of a truck collision can cause severe internal injuries, including organ damage or internal bleeding.
  • Fatalities: Due to the sheer size and force of impact, truck accidents are far more likely to result in fatalities than car accidents. According to the FMCSA, large trucks were involved in 11% of all traffic fatalities in the United States, even though trucks only make up about 4% of all vehicles on the road.

Insurance Coverage and Claims

Truck accidents often involve more complicated insurance claims due to the higher insurance limits and the multiple parties involved. The trucking company’s insurance policy may provide coverage for the accident, but determining liability is more complex, especially if the truck driver was not following regulations or the truck was poorly maintained.

In contrast, standard car accidents typically involve the drivers’ personal auto insurance policies. The process of filing a claim and negotiating compensation is generally more straightforward. In truck accident cases, however, insurance companies may try to limit their liability, and the claim process can take longer.

Accident Investigation and Evidence Collection

Truck accidents require more extensive investigations than standard car accidents. For one, law enforcement officers must investigate the truck’s black box data, which records critical information such as the truck’s speed, braking patterns, and any mechanical issues.

Additionally, investigators must check the truck driver’s logbook to see if they violated Hours of Service regulations or were fatigued while driving.

The evidence collection process in truck accidents is more involved, as there are often more physical pieces of evidence to assess, including the condition of the truck, the cargo, and the roadway. This adds to the complexity of determining fault in a truck accident.

Truck accidents differ from standard car accidents in a variety of significant ways. The larger size and weight of trucks, coupled with stricter federal regulations governing truck drivers, make truck accidents more dangerous and complex.

The involvement of multiple parties, severe injuries, complicated insurance claims, and the need for extensive investigation all contribute to the unique nature of truck accident cases. Victims of truck accidents should seek legal counsel from experienced attorneys who understand the intricacies of these cases to ensure they receive the compensation they deserve.

 

 

How Can I Prove the Truck Driver Who Caused My Crash Was Drowsy or Distracted?

Proving that a truck driver caused your crash due to drowsiness or distraction can be a challenging process, but it may be necessary for building a strong case to ensure you receive the compensation you deserve. Both drowsy driving and distracted driving are serious offenses that can cause devastating accidents, especially in the context of commercial trucking, where the sheer size and weight of the truck increase the risk of severe injuries or fatalities.

To effectively prove that the truck driver was drowsy or distracted at the time of the accident, there are several strategies and types of evidence you can use. Below are the most common methods for establishing driver fatigue or distraction in a truck accident case.

Driver’s Logbook and Hours of Service Records

The first piece of evidence you will want to examine is the truck driver’s logbook or electronic logging device records. Under federal regulations, truck drivers are required to maintain accurate records of their hours of service, which dictate how long they can drive before taking a break or resting. These records can show whether the truck driver exceeded the maximum driving hours, which is a strong indicator of drowsiness or fatigue.

If the truck driver was found to have been driving beyond their legal hours, this could demonstrate a violation of HOS regulations and suggest that fatigue was a factor in the crash.

Electronic logs, which are often required in commercial trucks, can provide even more reliable evidence since they track the truck’s movements automatically, eliminating the possibility of tampering with manual logbooks.

Witness Testimonies

Witnesses to the accident or to the truck driver’s behavior leading up to the crash can provide critical testimony about whether the driver appeared drowsy or distracted. For instance, if someone saw the truck swerving or drifting across lanes, or if the driver was acting in an unusually slow or erratic manner before the crash, their testimony could support claims of fatigue or distraction.

Witnesses may also have seen the truck driver engaged in distracted behaviors such as texting, talking on a cell phone, or interacting with other devices. This kind of testimony can be very helpful in proving that distraction contributed to the accident.

Accident Reconstruction and Data from the Truck’s Black Box

A truck’s black box, which records data such as speed, braking patterns, and acceleration, can offer important insights into the truck driver’s actions just before the crash. If the truck’s black box reveals that the driver was speeding, making abrupt maneuvers, or not braking until it was too late, it can provide evidence of driver distraction or drowsiness.

In addition to the black box, an accident reconstructionist can analyze the scene of the crash, vehicle damage, skid marks, and other physical evidence to determine if the truck driver was inattentive or fatigued at the time of the accident.

If the reconstruction shows erratic driving behavior, it could be a sign that the driver was either distracted or too fatigued to operate the vehicle safely.

Truck Driver’s Statement Following the Accident

Statements made by the driver after the accident, such as admitting to being tired or acknowledging distraction, can also be used as evidence in your case. These statements, however, can be difficult to obtain and may not always be made, so it is important to rely on other forms of evidence as well.

Surveillance Footage or Traffic Camera Videos

In some cases, there may be surveillance footage from nearby businesses or traffic cameras that captured the truck driver’s behavior before or during the accident. Video footage can provide compelling evidence of whether the driver was distracted or showing signs of drowsiness.

For example, a video might show the truck swerving between lanes, hitting another vehicle, or even stopping erratically, both of which are behaviors often associated with drowsiness or distraction.

Some intersections or highways have traffic cameras that record vehicles’ movements. These can be a useful resource if your crash occurred in an area covered by such cameras.

 

 

Medical Records and Toxicology Reports

If drowsiness or distraction is suspected, medical records and toxicology reports may also play a role in proving the driver’s condition. In the case of drowsy driving, medical records indicating sleep disorders (such as sleep apnea) could suggest that the driver was at greater risk of falling asleep behind the wheel.

If a blood test was taken following the accident, the results can show whether the driver was under the influence of drugs or alcohol, which can contribute to both drowsiness and distraction.

If there is reason to believe that the driver was distracted due to substance use, such as prescription medications or illegal drugs, this information can also be valuable to your case.

Cell Phone Records

For distracted driving, cell phone records can be an essential tool in proving that the truck driver was using their phone while driving. Truck drivers are not allowed to text or use their phones while driving, and phone records can show whether the driver was on a call or texting at the time of the accident.

Some jurisdictions also have laws requiring the use of hands-free devices while driving, and phone records can help confirm whether the driver complied with these laws.

If the truck driver was using a phone for texting, talking, or navigating while driving, it can be a strong indication that distraction played a role in the crash.

Trucking Company’s Policies and Training

Lastly, the trucking company’s policies and training records can help show whether the driver was adequately trained in managing fatigue and avoiding distractions. If the company has poor training or encourages drivers to work long hours, it could be evidence of negligence in allowing drowsy driving.

Similarly, a lack of clear guidelines about phone use or other distractions can indicate that the company failed to enforce safe driving practices.

Proving that a truck driver caused your crash due to drowsiness or distraction requires a multi-faceted approach that combines various forms of evidence.

By using the driver’s logbooks, witness testimonies, black box data, and expert testimony, you can build a compelling case that shows fatigue or distraction played a significant role in the accident.

If you or a loved one has been injured in a truck accident, it is essential to consult with an experienced truck accident lawyer who can help gather the necessary evidence and ensure that you receive fair compensation for your injuries.

 

 

Time Limits for Filing a Hollywood, FL Truck Accident Claim

In Hollywood, FL, the time you have to file a truck accident claim is governed by Florida’s statute of limitations, which is generally two years for personal injury claims, including truck accidents. This means you have two years from the date of the accident to initiate legal action against the responsible parties, such as the truck driver, trucking company, or other liable entities.

However, it’s important not to wait until the deadline approaches to file a claim. Evidence can deteriorate over time, and witnesses may forget crucial details. Additionally, the trucking company may have a legal team investigating the accident and collecting evidence that could be detrimental to your case.

In some cases, such as those involving government-owned vehicles or entities, the timeline for filing may be much shorter; often only six months. This highlights the importance of acting quickly to ensure you preserve your rights and have the best chance of a successful claim.

Consulting with an experienced truck accident lawyer as soon as possible can help you navigate the process and avoid missing critical deadlines. A lawyer will ensure all legal requirements are met, and you can focus on recovering from your injuries.

Neufeld & Kleinberg, PA is Here to Help

​At Neufeld & Kleinberg, PA, we understand the profound impact a truck accident can have on your life. With over 100 years of combined experience, our dedicated team is committed to securing the compensation you deserve. We offer free consultations and operate on a contingency fee basis meaning you pay no fees unless we win your case.

If you or a loved one has been involved in a truck accident in Florida, don’t hesitate to reach out. Contact us today at (305) 690-0617 to schedule your free consultation. Our experienced attorneys are here to guide you through the legal process and fight for your rights.

 

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