Switch to ADA Accessible Theme
Close Menu
Tampa Car Accident Lawyer
FREE Consultations Available
813-217-5715
TAMPA
Tampa Car Accident Lawyers > Blog > Truck Accident > Citing Coronavirus, Feds Allow More Drowsy Truckers on Area Highways

Citing Coronavirus, Feds Allow More Drowsy Truckers on Area Highways

TruckDriver

Truckers are essential to the supply chain. But when regulators relax safety rules in response to the pandemic, is your family safer?

A limited safety exemption was already on the books. On March 18, the Federal Motor Carrier Safety Administration extended the hours of service exemption to include truckers hauling fuel, groceries, medical supplies, raw materials, and other items deemed necessary to fight the coronavirus. The FMCSA also said it would relax some recordkeeping requirements.

The agency stopped short of issuing an overweight waiver, but several states have already made allowances in this area.

Truck Driver Fatigue

During normal times, truckers are under a lot of pressure to drive as long as possible. During these abnormal times, this pressure is even greater. Further complicating matters, most shipping companies pay drivers by the load instead of by the mile. So, they must make deliveries as quickly as possible in order to make money on each trip.

Drowsiness is a significant problem among long-haul truckers. Frequently, fatigue has little or nothing to do with the amount of time the driver spends behind the wheel.

Many truckers suffer from sleep apnea, mostly because these individuals sit for hours at a time. Sleep apnea deprives people of deep, restorative sleep. Instead, they basically doze all night. As a result, these individuals are often tired even if they had a full eight hours’ sleep the night before.

Circadian rhythm drowsiness is a problem as well. Most people are naturally drowsy late at night and early in the morning. Frequently, truckers are on the road at these times in order to stay on schedule.

In most cases, however, fatigue is a HOS (hours of service) issue. Fatigue and alcohol have similar effects on the brain and body. In fact, driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for Florida commercial drivers.

Third Party Liability

In addition to their heavy cargo loads, most large trucks carry hundreds of gallons of highly flammable diesel fuel. Much of this fuel is in external tanks. So, when truck drivers cause crashes, the injuries are often catastrophic.

Vicarious liability theories give victim/plaintiffs an additional source of compensation, so it’s easier for a Tampa personal injury lawyer to secure a fair financial settlement. Respondeat superior (let the master answer) usually applies in semi-truck crash claims. This legal doctrine has two major prongs:

  • Employee: Technically, most truckers are independent contractors or owner-operators. However, these individuals are employees for negligence purposes. That’s because the employer controls truck drivers, in terms of things like cargo delivered or route travelled.
  • Scope of Employment: Florida law defines this point broadly as well. Any act which benefits the employer in any way is within the scope of employment. That includes pulling out of or into a truck stop for a brief rest.

Compensation in a large truck crash usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might also be available, in some extreme cases.

Contact Dedicated Lawyers

Drowsy truck drivers often cause serious injuries. For a free consultation with an experienced Tampa trucking accident lawyer, contact The Matassini Law Firm. We do not charge upfront legal fees in injury cases.

 

Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or your attorneys need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay car accident lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa car accident attorneys, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
888-377-0011
Toll Free
813-217-5715
Tampa
2811 W. Kennedy Blvd., Tampa, Florida 33609
GET DRIVING DIRECTIONS
+