Most of the commercial truckers you see traveling on the road are required to abide by the Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service rules which were developed to “eliminate the type of drowsiness that can lead to crashes.” Sitting behind the wheel of a vehicle for hours is not only strenuous on the body but also on the mind which is why anyone who operates a commercial vehicle needs to take a break after a certain period of time so they are able to get in an adequate amount of rest. Unfortunately, some truck drivers despite the rules they are required to comply with, continue driving beyond the hours-of-service rules putting everyone around them at risk.
In 2002, a 19-year-old who had just entered his first year of college died in a truck collision after a big rig slammed into the back of his 1994 Camaro. Orbie Wilburn, the driver of the Camaro, had to stop his vehicle on the interstate as a result of a buildup of traffic. Unfortunately, the driver of the large truck that had been coming up behind Wilburn failed to stop in time and rear-ended the teen’s vehicle resulting in the death of both drivers.Fair Warning said that the trucker, who has started driving in Bakersfield, CA, traveled nearly 1,300 miles without a rest break at all.
Who is liable for an accident when a trucker neglects to take a break?
Although the Hours of Service rules and electronic logging devices (ELD) are expected to help curb the number of truckers who avoid taking a break so they can continue driving, there are some who violate the state and federal rules and regulations that have been set. So, who is to blame for an accident that was caused by a trucker who neglected to take a break and drove longer that he or she was supposed to? Well, it depends. There are times when a trucker might be held liable and then there are instances where the company he or she is employed with can be held accountable.
In some cases, however, both the driver and the trucking company could be held liable for a truck crash that was caused by a driver who failed to follow the FMCSA’s Hours of Service rules.
Which party should I pursue after a truck accident in Naples, FL?
To find out whether you should pursue the trucker, the trucking company, or both, you need to speak with a licensed and skilled truck accident attorney in Naples, FL. An attorney can review the circumstances involved in the incident and decide which party is, in fact, responsible for the wreck. If you would like to discuss the recent accident you or a loved one was involved in, you can contact King Law now for an initial consultation. Although you may be feeling uncertain about a lot of things in life right now, one thing you can be certain about is that the lawyers at this firm will protect your rights as a victim and help you recover the compensation you need and deserve.
King Law can be reached at:
2640 Golden Gate Parkway, Suite 114
Naples Florida 34105