Miami Truck Accident Lawyer Holding Drivers and Trucking Companies Responsible

The population of South Florida is growing exponentially. Miami also has a major port that serves all of Latin America. Unfortunately, our transportation infrastructure has not kept pace with our growing population and expanding trade and so more 18-wheelers barrel down our congested highways, making our streets more dangerous. Brais Law Firm focuses our practice on personal injury and wrongful death recovery. Our partners have 75 years of combined trial experience and a proven track record of reaching high-dollar figures. In the past five years, we have recovered close to $40 million for injured clients. For a more complete list of recoveries won by the firm on behalf of our clients please click “Results”. We have the technical and legal knowledge to recover the compensation you are entitled to after you have been injured or your loved one has died in a tractor-trailer crash.

No Use of Handheld Phones While Driving

The Federal Motor Carrier Safety Administration (FMCSA) prohibits commercial drivers from using handheld devices while operating a truck. Under these federal regulations, the driver is not permitted to:

  • Hold the phone in her or his hand;
  • Press more than one button to make or terminate a call;
  • Maneuver out of a seated, belted position to reach for the phone.

A commercial driver found violating the handheld phone restrictions faces up to a $2,750 fine. The driver’s employer faces up to $11,000 fine. The driver’s commercial driving license may also be suspended. As a safety measure, truck drivers are permitted to use voice activation and blue tooth, earphones, speakerphone hands-free features.

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Texting While Driving Regulations

Texting while driving an 18-wheeler, a delivery van, heavy equipment or other commercial vehicle also violates FMCSA regulations. The law bans a wide-range of activities, including writing or reading a text message, emailing, instant messaging, surfing the Internet or otherwise using an electronic device while driving. However, following the rules does not relieve the tractor-trailer driver or trucking corporation of liability for a crash caused by distracted driving. A South Florida truck accident attorney at our firm will subpoena phone records to determine whether the driver was on the phone or texting when your crash occurred.

Hours of Service Regulations

FMCSA’s hours of service (HOS) rules restricts the number of hours a truck driver can work and drive and mandates rest breaks. The driver is responsible for keeping accurate records of time spent on shift and time spent on the road. In brief, the HOS rules restrict drivers to:

  • 11-hours of driving
  • Not driving past the 14th hour after coming on duty
  • Driving no more than eight hours between breaks or off-duty time
  • Work schedule of 60 or 70 hours within a seven or eight day workweek

To protect themselves from liability, truckers may change logs or keep two books. Our firm carefully scrutinizes logs for signs of alteration and we meticulously recreate the timeline to catch inconsistencies between the actual events and log records.

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Damages in a Tractor-Trailer Crash

The size and weight of a heavy truck, lend to catastrophic (even fatal) injuries. Our attorneys pursue the driver and trucking corporations for maximum possible recovery for brain damage, spinal cord damage, amputation, burn injuries, disability, scarring and disfigurement caused by the tractor-trailer accident. If your loved one has died or been incapacitated by an accident, our legal team will guide you through recovery for wrongful death.

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Hold the Driver and Trucking Company Liable for Your Tractor-Trailer Accident Injuries

For aggressive, experienced representation after a semi accident, call Brais Law Firm, 888-238-5637, to schedule your free consultation. You can also connect with us online. We handle truck crash claims on contingency, meaning we do not charge you unless we recover compensation. We can work on your case from our main office in Miami, Florida.

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