Table of Contents
2. Who Can Be Held Responsible For Your Slip and Fall Injury as Per the Law?
3. The Need for Establishing the Legitimacy of Your Claim
4. Contact an Experienced Slip and Fall Attorney
In a world that is focused on getting a higher return on investment, there is always a big tussle between economics and safety. Businesses are forever tempted to compromise on safety to increase revenues and profits and tragically, sometimes, this leads to a loss of human lives. We have seen countless examples of vehicles with defective parts getting sold and then allowed to remain on the roads when a simple recall followed by an inexpensive fix could have solved the problem. Nobody pays any attention to the issue until a person dies due to the defect and then accusations of neglect and callousness fly thick and fast. Regretfully, if a very small amount of money had been spent at the right time by the companies concerned, it would not have resulted in the injuries and the fatalities, and there would not have been such a huge negative impact on the involved companies.
Another area of serious conflict between business profits and safety is in the trucking industry. Driver fatigue, according to both the U.S. Department of Transportation and the Federal Motor Safety Administration, is the biggest reason behind the more than 4,000 fatalities every year involving large truck accidents. The number of deaths from crashes of large trucks reached the highest level in 2017 to touch 4,761, according to National Highway Traffic Safety Administration data. Of these fatalities, 1,300 were the truck drivers while the rest 72% were of people in the other vehicle involved in the accident.
New Rule Limiting Hours of Service by Truck Drivers to Prevent Accidents
To reduce the number of trucking accidents, in 2011, the Federal Motor Carrier Safety Administration (FMCAS) issued a new rule putting a limit to the hours of service to be followed by truck drivers not only in Florida but also through the rest of the country. The rules regulate both the number of hours a truck driver is permitted to drive daily and the total number of hours the driver may work per week. The objective of the rules is to limit the time drivers can work continuously to ensure that they are properly rested and do not pose a hazard to themselves and others on the road. The rules are very convoluted and confusing; however, the main points are:
- Drivers need to take a break of at least 30 minutes within eight hours of their shift beginning
- They must be off-duty for at least 10 hours before beginning each duty period.
- Following 10 hours off duty, drivers can be on duty for up to 14 hours, however, the driving time is limited to 11 hours
- No extension of the 14-hour duty period is permitted with off-duty time for breaks, meals, fuel stops, etc.
- Drivers are restricted to a maximum of 60 hours on duty spread over seven consecutive days.
- The workweek starts after the last legal reset
- The seven-day period can be restarted once every 168-hour workweek. However, there should be at least 34 consecutive hours off with two consecutive periods of 1 a.m. to 5 a.m.
New Rules Impact Trucking Industry Economics
While the new rules have been put in place to ensure driver safety, they have also affected the economics of the trucking industry. With the rules limiting weekly working hours to 70 from earlier 82, not only are the drivers now earning less but also the companies have had to employ more drivers. The negative impact on the trucking industry has prompted some members of the congress to fight the restart provision. Unfortunately, despite the reduction in the number of hours truck drivers are now allowed to work, trucking accidents continue to take place with alarming frequency. With more drivers now on the roads, the possibility of occurrence of accidents has also increased.
Have You Been a Victim of a Trucking Accident?
If you or a loved one has been involved in a trucking accident that has either resulted in injuries or even death, you may be entitled to claim damages in a court of law. It is a good idea to engage a personal accident lawyer who can help you to evaluate the case and ascertain the possibility of a claim being successful.
You can consult the experienced auto accident attorneys at Lavalle, Brown & Ronan, P.A., among most experienced personal injury law firms in Boca Raton. Possessing more than 130 years of accumulated personal injury litigation experience, our attorneys have both the skills and the competence to assist you to meet your legal needs. Call us today!