Kibbey Wagner Injury & Car Accident Lawyers | October 31, 2024 | Truck Accidents
Federal and state laws restrict truck driver hours to reduce the risk of drowsy and fatigued truck accidents. Truck drivers must keep detailed logs of their driving and rest times. Violating hours of service rules can result in penalties for the truck driver and trucking company.
How Many Hours Can a Truck Driver Drive in Florida?
Florida hours of service for truck drivers differ slightly from the federal rules. However, the rules are limited to intrastate truck drivers. Intrastate trucking means that the truck is only operated within one state. In other words, the driver does not drive the truck outside of Florida.
According to Florida Statute §316.302, the rules for intrastate truck drivers in Florida are:
- Truck drivers are limited to 12 hours after taking ten consecutive hours off duty
- Truck drivers must take a break after the 16th hour after coming on duty after taking ten consecutive hours off duty
- Truck drivers are limited to 70 hours in a seven-day period or 80 hours in an eight-day period
- The truck driver must be off for 34 hours to end the 7/8 day period
The above rules apply only to intrastate drivers who do not transport hazardous materials that require a placard. Federal hours of service rules will apply if the truck transports hazardous materials requiring a placard.
How Many Hours Can Truck Drivers Drive a Day?
Trucker hours are different for interstate travel. The Federal Motor Carrier Safety Administration (FMCSA) sets hours of service for interstate trucking. The federal hours of service rules limit truck drivers transporting property to:
- Truck drivers are limited to 11 hours of driving time after taking 10 hours off duty
- Truck drivers must take a break after the 14th hour after taking 10 hours off duty
- Truck drivers are limited to 60 hours of driving in a seven-day period and 70 hours of driving in an eight-day period
- The truck driver must take 34 or more consecutive hours off duty to end the seven or eight-day period
The rules include an exception for adverse driving conditions. A driver may extend the 14-hour driving limit by two hours if they encounter adverse driving conditions.
How Long Do Truck Drivers Have to Rest?
Sufficient rest is crucial for a truck driver to remain alert while operating a commercial vehicle. Drivers must take a 30-minute break after driving for eight hours without a 30-minute interruption. This break requirement can be satisfied by any 30 minutes, provided they are not driving and the 30 minutes are consecutive.
The rest period after the daily driving limit is ten hours. Drivers can split their 10-hour rest period if they spend at least two hours off duty and at least seven hours in the sleeper birth. So, a driver could take seven hours in the sleeper berth and three hours off-duty outside or any other combination, as long as the total equals 10 hours or more. The key is that at least seven hours must be in the sleeper berth.
Fatigued Driving Truck Accidents Cause Severe Injuries and Deaths
Drowsy and fatigued truck drivers can cause catastrophic truck accidents. The occupants of passenger vehicles suffer the most in these accidents. A passenger vehicle cannot withstand a collision with an 80,000-pound commercial truck.
Common truck accident injuries include:
- Crushing injuries
- Severe burns
- Multiple broken bones and fractures
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Internal organ damage
- Loss of limbs and amputations
- Neck and back injuries
- Soft tissue injuries
Truck accident victims may require extensive medical treatment. It could take over a year to recover from injuries sustained in a truck accident. Injuries may result in life-altering impairments and disabilities, which significantly increase the value of damages.
What Damages Can I Receive for a Truck Accident in Florida?
Accident victims can usually recover compensation for their suffering and monetary losses. Examples of economic and non-economic damages in a truck accident case include:
- Lost wages and benefits
- Pain and suffering
- Past and future medical bills
- Diminished earning capacity
- Emotional distress and mental anguish
- Impairments, disabilities, and disfigurement
- Loss of enjoyment of life and quality of life
- Out-of-pocket expenses
- Rehabilitative therapy and treatment
- Long-term personal and/or nursing care
Proving liability for the truck accident is crucial for recovering compensation for damages. A personal injury lawyer with experience handling truck accident claims has the resources and skills to conduct a thorough investigation to gather evidence proving your claim.
Contact Kibbey Wagner Injury & Car Accident Lawyers To Get Help With a Truck Accident Claim in Florida
Trucking companies and their insurance providers fight truck accident claims because the damages can be substantial. Our Stuart truck accident lawyers at Kibbey Wagner Injury & Car Accident Lawyers have extensive experience handling truck accident cases. Call now for a free consultation with one of our experienced attorneys.
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers.
We proudly serve Martin County, St. Lucie County, Palm Beach County, and its surrounding areas in Florida:
Kibbey Wagner Injury & Car Accident Lawyers Stuart
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