Getting a successful insurance settlement or jury verdict in a tractor trailer trucking accident case requires a detailed knowledge of both State and Federal rules and regulations. Florida Statutes, Section 316.302 and Section 316.70, detail the State of Florida’s safety requirements that apply to the operation of commercial vehicles on the public roads and highways of the state. These statutes list weight, load and safety requirements. The Florida Department of Transportation’s Office of Motor Carrier Compliance enforces these laws.
In essence, these laws have adopted the Federal Motor Carrier Safety Regulations found in Chapter 49 of the Code of Federal Regulations (49 CFR), Parts 390 through 397, and the Hazardous Materials Transportation Regulations found in 49 CFR, Parts 100 through 180, as they apply to highway transportation. However, there are specific exceptions to the federal regulations for vehicles operated only in intrastate commerce. You should read the statutes referenced above for specific requirements and exceptions.
Understanding the Law That Regulate Truck Drivers in the State of Florida is Essential to Any Claim
Large trucks that travel across state lines are called ‘Interstate Trucks’ and are regulated by the federal Department of Transportation agency. Trucks that travel exclusively within Florida are ‘Intrastate Trucks’.
The rules for intrastate trucking in Florida regulate trucks and truck drivers who drive within this state’s boundaries. With as many drivers as there are on Florida’s roadways, it is important that these rules and regulations followed in order to keep everyone safe.
Trucks Regulated by Florida State Laws
When people hear about a truck accident, they commonly think of big 18 wheeler semi-trucks or rigs as being involved in the collision. In fact, there is a wide variety of large trucks which must follow Florida’s intrastate trucking rules and regulations. These trucks include:
- County Buses / School Buses
- Fire Department Trucks
- Trash Collection and Waste Trucks
- Construction Trucks (including Cement, Dump, Flatbed, and other trucks)
- Gasoline Tank Transportation Trucks
- Commercial Trucks
In many truck accident cases, large corporations own the vehicle. It can be extremely difficult to win a personal injury claim against such corporate entities and their powerful attorneys without your own proper legal representation. Nick A. Ortiz is an experienced personal injury attorneys who does not back down from the intimidation tactics of such large companies.
When Truck Drivers Fail To Follow The Rules
There has been an increase over the years in the number of death-related truck accidents in our country. Unfortunately, truck drivers and the companies they work for do not always see the necessity of following intrastate trucking rules and regulations in Florida. Certain things that are violated on a regular basis include:
- Exceeding the Maximum Time Limits Allowed by a Driver on the Road
- Improper Weight Limit of the Truck
- Excessive Speeding
- Use of the Wrong Lane
- Traveling at an Unsafe Distance from Area Vehicle
Any of these violations can cause serious injuries to other drivers on the road.
Intrastate Trucking Rules and Regulations and Your Personal Injury Claim
Unfortunately, trucking companies often focus more on earning money than on the safety of other drivers on the road. They encourage their drivers to deliver products, goods or packages faster and faster, which can create a dangerous sense of urgency with a truck driver. This urgency can lead to haphazard driving and accidents.
There are certain regulations that most truckers and trucking companies must follow, including (but not limited) to:
- Registering the Truck with the State
- Purchasing and Maintaining a Proper Amount of Insurance
- Having All Appropriate Commercial Licenses to Operate the Truck
- Following All Requirements that Regulate the Size of the Truck
- Undergoing Required Inspections of the Truck
Legal Help For Your Claim
Understanding the difference between interstate and intrastate trucks is fundamental if you have been involved in a truck accident here in the state of Florida. Truck accident attorney Nick A. Ortiz at the Ortiz Law Firm understands Florida’s rules and regulations for intrastate trucking. If you have been involved in a trucking accident, or simply have questions about a specific incident, contact Pensacola truck accident attorney Nick A. Ortiz for your free consultation and he will gladly answer any questions you may have.