Steven A. Bagen | December 15, 2024 | Truck Accidents

How to Hire the Best Truck Accident Lawyer in Florida

Truck driver fatigue is one of the most dangerous and overlooked hazards on U.S. roads today. It’s a problem that impacts not only commercial truck drivers but everyone they share the road with. From highway pileups to catastrophic collisions with passenger vehicles, the risks are as widespread as they are serious.

Every year, thousands of people are injured or killed in fatigue-related truck accidents. And the causes go beyond just long hours. The trucking industry’s demanding schedules, tight delivery windows, and systemic pressures all contribute to drivers operating their rigs without enough rest. For many Florida families and countless others across the U.S., truck driver fatigue has had life-altering consequences.

 

Key Takeaways

  • Truck driver fatigue is one of the most preventable causes of fatal truck accidents.
  • Fatigued drivers suffer from slowed reflexes, poor decision-making, and the risk of falling asleep behind the wheel.
  • Federal regulations limit how long drivers can stay on the road, but violations are common.
  • Electronic logging devices (ELDs) are now mandatory to monitor hours of service, though enforcement varies.
  • Florida consistently ranks among the top states for fatal truck accidents.
  • Victims of fatigue-related truck accidents may face severe injuries and high medical costs.
  • Trucking companies may be liable if they fail to follow or enforce safety regulations.
  • Steven A. Bagen & Associates, P.A. helps truck crash victims pursue maximum compensation for all of their damages.

Table of contents

Truck accidents are already more dangerous than the average vehicle crash. Due to the sheer size and weight of commercial trucks, which can be up to 80,000 pounds when loaded (about 22 times more than the average family car), the outcomes of a collision are often violent and devastating.

According to national data, there were about 151,000 truck crashes nationwide in one recent year. Of those, roughly 5,600 were fatal. Despite accounting for only 10% of vehicle miles traveled, trucks are involved in 6% of all deadly crashes. That disproportionate impact underscores the seriousness of these incidents.

Fatigue plays a role in at least 13% of all large truck crashes, according to the Federal Motor Carrier Safety Administration (FMCSA). However, some studies suggest that the number may be as high as 40%. Federal data indicates that over 71,000 injuries and 800 deaths are linked to truck driver fatigue each year, costing the U.S. economy roughly $20 billion annually.

Florida’s Alarming Truck Crash Statistics

Florida consistently ranks among the top three states for fatal truck crashes, behind only Texas and California. In one recent year, the Florida Highway Safety and Motor Vehicles (FLHSMV) reported:

  • 34 fatalities from truck crashes
  • 127 incidents causing incapacitating injuries
  • Over 600 additional injuries involving medium and heavy trucks

Some regions in North Central Florida have seen truck crash rates surge by more than 60% in recent years. These local trends mirror national concerns, revealing just how serious the issue is in our own communities.

Why Truck Driver Fatigue Happens So Often

Most people think of fatigue as something that happens only after long hours behind the wheel. But in reality, truck driver fatigue stems from a variety of factors, some of which are built into the very structure of the trucking industry.

Pressures from the Industry

Commercial truck drivers often face unrealistic deadlines imposed by trucking companies trying to meet high delivery demands. To avoid being penalized for late deliveries, drivers may skip breaks or push themselves beyond safe limits.

Even though federal regulations mandate rest periods, not all drivers comply. Some are pressured by employers; others take it upon themselves to stay on schedule.

Inconsistent Sleep and Health Habits

Many drivers operate on irregular schedules that disrupt natural sleep cycles and circadian rhythms. This can make it difficult to get restorative sleep, even during off-hours.

Contributing factors include:

  • Driving during nighttime hours
  • Poor diet and lack of exercise
  • Use of stimulants like caffeine or energy drinks
  • Certain medications or untreated medical conditions

Skipping Rest Due to Traffic and Tight Timelines

When drivers hit traffic jams or road delays, they sometimes forgo breaks to make up time. Others may drive through the night to avoid congestion, which increases the likelihood of drowsy driving.

Fatigue is particularly dangerous because it can come on gradually and go unnoticed. Unlike alcohol, there’s no quick roadside test for sleep deprivation. And once symptoms kick in, it may be too late to avoid a crash.

Federal Rules Designed to Combat Commercial Truck Driver Fatigue

Recognizing the dangers of driver fatigue, the FMCSA has strict regulations that outline how long a driver can be on the road and how often they must rest.

Key Hours of Service (HOS) Rules

  • Maximum driving limit: 11 hours after 10 consecutive hours off-duty
  • 14-hour window: Drivers cannot exceed 14 consecutive hours on duty
  • Mandatory break: 30-minute break after eight cumulative hours of driving
  • Weekly limits: No more than 60/70 hours on duty in 7/8 consecutive days
  • Sleeper berth provision: Allows a 10-hour break to be split, with at least 7 hours spent in the truck’s sleeper compartment

These rules are meant to reduce the risk of fatigue-related accidents. But compliance is still an issue, particularly when companies place delivery quotas above safety.

The Role of Electronic Logging Devices (ELDs)

To improve enforcement, federal law now requires commercial trucks to be equipped with electronic logging devices. These devices automatically track driving time, reducing the chances that drivers can falsify logs or overstate their rest periods.

But even ELDs are not foolproof. Some companies may pressure drivers to find workarounds or fail to report violations unless there’s an investigation. Additionally, companies maintain control of the data and may be reluctant to release it unless legally compelled.

When a fatigued truck driver causes a crash, proving they violated federal rest rules can be crucial for your case. Black box data, ELD logs, and surveillance footage can all serve as valuable evidence.

But this information doesn’t last forever. Trucking companies may not preserve it unless legally required. That’s why hiring an experienced truck accident attorney as soon as possible is so important. Your lawyer can send a legal notice requiring the company to retain key evidence.

How Fatigue Impacts a Driver’s Ability to Operate a Truck Safely

Driving a large commercial truck requires constant focus, rapid reflexes, and the ability to assess road conditions in real time. When fatigue sets in, each of these abilities can be compromised, sometimes without the driver even realizing it.

The Effects of Sleep Deprivation on Driving

Studies show that being awake for 18 hours has the same effect on reaction time as a blood alcohol content (BAC) of 0.08%—the legal limit for passenger vehicle drivers. For truck drivers, who are held to a stricter limit of 0.04%, the impact of fatigue is even more concerning.

A fatigued truck driver may:

  • Drift between lanes or miss exits
  • Fail to brake in time or judge distance accurately
  • Experience delayed reaction times
  • Fall asleep behind the wheel
  • Misinterpret traffic patterns or miss warning signs

The risk of a crash increases dramatically when drivers don’t get adequate rest. Even with federal regulations in place, sleep-deprived drivers still make it onto the road, putting everyone in danger.

Who’s Liable When a Fatigued Truck Driver Causes a Crash?

Determining liability in a truck accident often involves more than just the driver. In many cases, the trucking company may also be held responsible, especially if it encouraged or ignored violations of federal rules.

Trucking Companies and Employer Liability

Under the legal principle of vicarious liability, a trucking company can be held responsible for the actions of its drivers if the accident occurred while the driver was performing job-related duties.

Companies may also be directly liable if they:

  • Pressured drivers to skip required breaks
  • Failed to monitor or enforce compliance with Hours of Service rules
  • Did not maintain proper vehicle inspection logs
  • Falsified records or manipulated ELD data

In Florida, finding that these violations contributed to a crash can lead to substantial compensation for truck accident victims. Because commercial carriers often carry large insurance policies, settlements in these cases may be significant, especially if severe injuries or wrongful death are involved.

Truck Accidents Cause Devastating Injuries

Truck accident victims often suffer from catastrophic injuries that can permanently alter their lives and affect their entire family, too. The massive size and force of commercial trucks mean that these collisions frequently result in severe trauma.

Common truck accident injuries include:

  • Traumatic brain injuries and other head injuries
  • Spinal cord injuries and paralysis
  • Severe burns and disfigurement
  • Amputations
  • Emotional trauma and PTSD
  • Internal bleeding and organ damage
  • Broken or crushed bones
  • Facial fractures and dental injuries
  • Lacerations and deep cuts
  • Whiplash and other soft tissue injuries
  • Long-term mobility impairments

Injuries like these often require ongoing medical care, physical rehabilitation, and long-term support. For victims and their families, the physical, emotional, and financial toll can be staggering.

Types of Compensation Available to Truck Accident Victims

When a fatigued truck driver causes a crash, victims may be entitled to a range of compensation depending on the extent of their losses and the circumstances of the accident. Damages can include tangible costs as well as compensation for intangible suffering.

Economic damages

These cover direct financial losses, including:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Rehabilitation and therapy costs
  • Property damage (e.g., vehicle repair or replacement)

Non-economic damages

These address the emotional and psychological impact of the accident:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Emotional distress

Wrongful death damages

Losing someone you love in a truck accident is heartbreaking and life-altering. While no amount of money can make up for that loss, a wrongful death claim may help ease the financial burden and provide a path toward justice:

  • Funeral and burial expenses
  • Medical expenses related to the deceased’s final care
  • Loss of financial support
  • Loss of companionship and guidance
  • Loss of parental care and nurturing for surviving children
  • Emotional pain and suffering experienced by surviving family members
  • Loss of household services that the deceased would have provided

Punitive damages

Punitive damages are a special category of compensation that may be awarded in addition to other damages when a trucking company or driver’s behavior goes beyond mere negligence. 

If the court finds that their actions involved gross negligence or intentional misconduct, such as a trucking company with a history of hiring dangerous drivers or routinely falsifying safety records, punitive damages may be imposed. Although these damages are paid to the victim, they are primarily intended to punish especially reckless conduct and discourage similar behavior in the future.

Frequently Asked Questions

What is the deadline for filing a truck accident lawsuit in Florida?

In Florida, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. However, deadlines can vary based on the specific facts of your case. It’s important to speak with a lawyer as soon as possible to ensure your rights are protected.

What if the truck driver denies falling asleep?

Fatigue can be difficult to prove without direct admission. However, your attorney can gather evidence like electronic logging data, black box records, and witness statements to build a case that supports a fatigue-related cause.

Can I still sue if the truck accident involved multiple vehicles?

Yes. Truck accidents often involve chain-reaction collisions or multiple parties. A skilled attorney can determine who is liable and pursue compensation from all responsible parties, including the truck driver, trucking company, and other drivers involved.

Are truck drivers tested for fatigue after an accident?

There’s no standard test for fatigue like there is for alcohol or drugs. However, investigators may look at the driver’s hours of service, logs, and other indicators. This is why legal access to records and logs is critical.

How much does it cost to hire a truck accident lawyer?

At Steven A. Bagen & Associates, P.A., we operate on a contingency fee basis. That means you don’t pay us anything unless we recover compensation for you. Your initial consultation is also completely free.

How an Experienced Truck Accident Lawyer Can Help

Truck accident cases are complex and evidence-driven. Trucking companies and their insurers act immediately to minimize their liability by building a defense that aims to minimize your damages. That’s why it’s essential to have an attorney who knows how to fight for your rights quickly.

At Steven A. Bagen & Associates, P.A., we act immediately to preserve critical evidence like:

  • Black box data
  • Electronic logging device (ELD) records
  • Police reports
  • Witness statements
  • Surveillance footage

We handle all communication with the insurance companies and work to ensure you receive maximum compensation for all your damages. With over 40 years of experience and hundreds of millions recovered for clients, our firm is committed to fighting for Florida’s injured and winning.

Contact a Trusted Florida Truck Accident Lawyer Today

If you or someone you love was injured in a truck crash involving a fatigued driver, don’t wait. Every day you delay puts valuable evidence at risk. At Steven A. Bagen & Associates, P.A., our compassionate team knows the devastating impact of fatigue-related truck accidents—and we know how to fight back.

We’ve been serving victims in Gainesville, Ocala, Daytona, and across North Central Florida for over four decades. With a 99% success rate and a no-fee-unless-we-win promise, we’re ready to get to work on your case today.

Call us at (800) 800-2575 or contact us online for a free case review. Our attorneys are available 24/7, and we’ll even come to you if you can’t travel. Let us handle the legal burden while you focus on healing.