Truck accidents are a major cause of devastating highway injuries and death. In a large percentage of cases, the failure of the transportation company and the truck driver to obey federal trucking laws in Orlando contributes to the wreck.
The truck crash attorneys at The Florida Firm Injury and Accident Lawyers have an excellent track record of obtaining substantial verdicts and settlements against trucking companies that defy safety standards. Former clients and other lawyers send their loved ones with truck accident claims to us because they respect our skill and have confidence in our professionalism.
How Does Violating Trucking Laws Impact Liability?
Florida adopted a fault-based system for handling vehicle crashes that goes into effect on July 1, 2026. The system allows you to sue for losses you incurred in a wreck regardless of the seriousness of your injuries if you can prove the other party was negligent.
Most drivers must use reasonable care to avoid being found negligent, but truck drivers and transportation companies must meet a stricter standard. They must use the utmost care to avoid being found negligent.
When an Orlando attorney at our firm can prove a trucker or a trucking company violated a law, that fact is strong evidence of negligence. They will be at least partially liable if they were speeding, driving while impaired, or committed some other moving violation. The trucking sector is also subject to numerous industry-specific federal rules and regulations, and violating them is further evidence of negligence.
Weight and Cargo Restrictions
The federal government regulates how much weight a truck can haul. Currently, the maximum load is 20,000 pounds per axle and 34,000 pounds per tandem axle. Truck weight may not exceed 80,000 pounds on interstate highways—that includes the cab and fully-loaded trailer.
There are also restrictions on what type of cargo a vehicle and driver can haul. Vehicles hauling hazardous materials must be leakproof and may require specialized equipment like liners or tank reinforcement. They must be clearly marked as containing hazardous or flammable material. Drivers hauling many types of dangerous materials require additional training and an endorsement on their commercial license.
There may be economic incentives for transportation companies to flout the rules. This most often happens when trucks haul excess cargo, which can lead to mechanical failures and cause a crash, but sometimes unqualified drivers haul hazardous materials in rigs that are not properly equipped. A skilled truck accident attorney in Orlando could investigate whether any rules regarding cargo were broken and, if so, hold the driver and trucking company accountable.
Hours of Work Rules
Fatigue is a major cause of trucking accidents. To combat the problem, the Federal Motor Carrier Safety Administration (FMCSA) has developed rules regulating how many hours per day and per week a driver can operate a truck. A violation of these rules is negligent and can trigger the obligation to pay damages.
Truckers cannot drive more than 11 hours after 10 consecutive hours off-duty. They must have at least one 30-minute non-driving break after eight consecutive hours of driving. Regardless of the number of breaks a driver takes, they must stop driving 14 hours after coming on duty.
Truck drivers must keep a log noting their drive and rest times, and these can be checked and compared with the truck’s electronic data recording system. Our Orlando attorneys can check this evidence, and if the driver did not strictly adhere to the trucking hours of service regulations, they were negligent.
Punitive Damages for Intentional Violations
Trucking is a competitive business, and the company that delivers cargo fastest has an advantage. Sometimes transportation companies impose unrealistic delivery schedules, and drivers struggling to meet l expectations may defy the work hours rules.
A transportation company that imposed an unrealistic delivery timeline that required the driver to forego rest could be liable for injuries you suffered due to truck driver fatigue. Florida Statutes § 768.72 allows someone who was hurt due to another’s intentional or grossly negligent act to claim punitive damages. A judge could award you extra money as a fine or penalty against the transportation company.
Consult an Orlando AttorneyIf A Truck Driver’s Violation of Federal Trucking LawsCaused a Wreck
Truckers have a responsibility to use the utmost caution to avoid harm to others. They and the companies they work for can be liable for any losses that result from a crash arising out of a failure to follow state and federal trucking laws in Orlando.
Contact the attorneys at Colling Gilbert Wright if you were hurt in a truck crash. We collect no money unless we win your case, so reach out to our truck accident team today.
