Holding Fatigued Truck Drivers Accountable
Truck accident claims are complicated, but no case is too tough for Cerasa
Most truck drivers would never get behind the wheel of a tractor trailer while drunk. The same can’t be said for truck drivers who have been up for 18 hours or more and are under pressure to make a shipping deadline. Only one of these scenarios is encouraged with a wink and a nod, but both pose the same increased risk of causing a serious or deadly truck accident.
With so many major highways and routes passing through Central Florida, The Cerasa Law Firm LLC has represented many accident victims in their claims against fatigued truck drivers.
Being awake for 18 hours affects people the same as having a blood alcohol content (BAC) of 0.05%, according to the Centers for Disease Control and Prevention. Being awake for 20 hours is like having a 0.08% BAC – the legal limit for non-commercial drivers.
Driving fatigued is avoidable. When someone who is too tired to drive gets behind the wheel of an 80,000-pound, fully loaded semi-truck they are deliberately putting others at risk. And the company that worked the driver to exhaustion knew the threats posed when they made the schedule. These are reckless actions of people who are only thinking about money.
If you or a loved one has been in a truck accident with a drowsy or fatigued driver, you have the right to seek all the compensation that is essential for your physical, emotional, and financial recovery.
We offer truck accident victims free case evaluations. We will explain how the law applies to your situation and develop a winning strategy to get your life back on track.
Cerasa is with you every step of the way
There are many factors that contribute to truck driver fatigue, especially punishing delivery schedules. In the competitive transportation world, being faster than your competitor is everything.
The federal government has passed regulations meant to stop truckers from driving drowsy, but they may not go far enough. It’s hard to imagine anyone would be well-rested, alert, and ready to safely operate a big rig after driving for 8 hours straight and taking a half-hour lunch break. But according to federal rules, the trucker in this scenario is perfectly fine to drive for another hour or two.
Here are just a few federal commercial truck driver hours of service regulations:
- Truckers may drive for up to 11 hours after taking 10 hours off
- There must be a 30-minute break after 8 consecutive hours of driving
- A trucker cannot drive more than 60-70 hours over the course of 7-8 consecutive days. He can start driving again after spending 34 or more consecutive hours off duty.
- Commercial truck drivers are allowed to extend the 11-hour maximum driving limit by up to 2 hours when there are adverse driving conditions.
A driver is exempt from some of these requirements if operating within a 150-mile radius of a normal work location. Short-haul drivers must report back to the normal work location after up to 14 consecutive hours of work.
Fatigued driving in Central Florida
In some ways, Florida is leading the nation to end fatigued driving. Florida is one in a handful of states that has driver’s license restrictions for motorists with untreated sleep disorders. The state also has a week dedicated to raising awareness about the drowsy driving.
The Orlando Metro area, which includes I-4, Florida’s Turnpike, US 17 and 92, as well as Orange Blossom Trail, has one of the highest driver fatigue crash totals in the state. Hundreds of traffic accidents and a handful of deaths are caused by driver fatigue in the area each year.
We spend more time on your case
Investigating a truck accident can be complicated and, to be frank, cutthroat.
Even the smallest blemish on a transportation company or truck driver’s record could cost them work – maybe even their careers. With their livelihoods on the line, many trucking companies and drivers will do everything they can to blame you for the accident.
To win your claim you need a Florida lawyer with years of experience in traffic and commercial transportation law who is prepared for battle. Attorney Michael Cerasa knows how the trucking industry and regulations work and how to access the records that will prove your case.
Our firm look at all appropriate evidence, including the trucking company and trucker’s driving logs, toll receipts, in-cab black box, dash-cam footage, GPS tracker, time sheets, truck maintenance records, recall notifications, loading dock footage, medical records, driving history, licenses, permits, and certifications. This is all in addition to the more standard documents we will collect like the accident report, witness statements, and if needed, expert testimony.
Get Cerasa. Get results.
There are plenty of lawyers on TV that will promise you a windfall settlement, then turn around and accept the insurance company’s first lowball offer. While TV lawyers lounge in makeup chairs and get ready for their close-ups, attorney Cerasa is using his time to build your case. Cerasa puts in the hours, so that when he negotiates with the insurance companies he has the full fire power of an airtight, evidence-based case locked and loaded.
Attorney Cerasa represents many truck accident victims on contingency, meaning that the at-fault party's insurance company will pay our firm’s legal fee - not you. Our fee is calculated into your final settlement or verdict. We only get paid when we win.
Contact us for a free case evaluation. Our firm serves Florida residents, snowbirds, students, tourists, and visitors from Tampa to Daytona, Ocala to Sebring, and all points in between. We will listen to you explain the details of the accident and your requirements for compensation. Attorney Cerasa will build a strategy designed to win and help you understand the value of your claim.