Florida Injury Attorney Blog

Beginning on October 1, 2008, new rules will be in effect in Florida regarding driver's licenses for commercial and noncommercial drivers.  One rule will require all applicants for a driver's license to provide proof of a valid social security number before a driver's license will be issued.  There are several forms of verification that will be accepted such as a W-2 form, tax return or of course, a social security card.

Regarding commercial semi truck drivers in Florida, their commercial driver's licenses (CDL) will be suspended for one year from the date of conviction if the semi truck driver is convicted for driving under the influence of alcohol or drugs (aka DUI or DWI).  This is true even if the DUI crime occurred in the semi truck driver's personal vehicle.  If a semi truck driver get s second DUI conviction in his/her commercial or personal vehicle, the new rule provides that his/her CDL will be permanently revoked.

This rule makes it especially important that trucking companies check the driving record and criminal histories of applicants to make sure an applicant's CDL is still valid.

Yesterday, I referenced a serious accident that occurred near Ocala, Florida when a tractor trailer slammed into the back of a school bus killing one student and injuring several others.  It was unclear then why a semi truck driver would not have been able to see and stop for a bright, yellow school bus in the daylight hours unless he was over-tired, under the influence of alcohol or drugs and/or otherwise distracted. 

According to an article today at Firstcoastnews.com, the semi truck driver was on his cell phone when he crashed his tractor trailer into the school bus.  This would indicate at least one reason for the apparently negligent, and perhaps reckless, conduct of the semi truck driver in causing this accident.  It is not clear how the investigators found out that the semi truck driver was on his cell phone at the time of the accident, however if and when lawsuits are filed for the death and injuries caused in the crash, personal injury lawyers for the students and their families will certainly obtain the cell phone records of the semi truck driver to confirm when the semi truck driver was on his cell phone, how long and to whom he was talking. 

I recently wrote two posts about the dangers of driving while distracted by a cell phone or other mobile communication device.  One post discussed how one study showed that driving while using a text message device may be more dangerous than driving under the influence of alcohol or drugs.  The other post discussed how teenagers are involved in more deadly accidents than any other age group, partly because of their use of cell phones while driving.

On Tuesday of this week, a tractor trailer rear-ended a school bus near Ocala, Florida resulting in the death of one student, according to an article on Firstcoastnews.com.  Eight other students were injured in the crash.  Apparently, the trailer to the semi truck and the bus caught on fire after the crash which occurred on Highway 301 near 155th Street in Marion County, Florida (which is about two hours southwest of Jacksonville, Florida). 

The early reports of the crash gave no indication as to the reasons why the semi truck driver would not have been able to stop for a bright, yellow school bus in the daylight hours.  However, as the investigation continues, certainly investigators will be looking into whether the semi truck driver was fatigued for driving over the appropriate number of hours and/or otherwise impaired. 

According to a new study, drivers who test and use other similar mobile communication devices are more dangerous than those drivers who drive while intoxicated (aka DWI or DUI).  The study observed 17 - 24 year old drivers on a simulated course who drove while under the influence of alcohol or marijuana and compared them with drivers who drove while writing and reading text messages. 

For those drivers who were writing and reading text messages, their reaction times were slower by 35%.  Drivers who were under the influence of alcohol at the legal limit (0.08 in Florida) had only 12% slower reaction times.  Drivers who were under the influence of marijuana had 21% slower reaction times.  The study also looked at drivers' lane departures and steering abilities.  Drivers who were writing and reading text messages drifted out of their lane more often than drivers intoxicated on alcohol or marijuana and scored 91% worse in the steering phase of the tests.  Not surprisingly, the driving experts who conducted the study concluded that drivers who write and/or read text messages are much more likely to be involved in an injury or fatal motor vehicle accident, more so than those who drive while under the influence of alcohol or marijuana. 

Driving while intoxicated from alcohol or drugs carries a major stigma in this country, however, parents should not dismiss the apparently riskier behavior of driving while using a text messaging or other mobile communication device.

Back in 2005, a semi truck driver apparently was fatigued and fell asleep at the wheel causing an accident that resulted in several deaths and numerous serious injuries, according to a report by the National Transportation Safety Board (NTSB). The NTSB's recent investigation revealed that the semi truck driver was tired due to lack of sleep during his off-duty hours, fell asleep while driving, drove off of the road and then overturned after over-correcting while trying to reenter the roadway.  This is unfortunately a fairly common scenario when semi truck drivers are driving while fatigued.  It is also a fairly common scenario when untrained and unskilled drivers depart from the roadway, hastily over-correct and dangerously attempt to get back on the road. 

Five people were killed and thirty-five people were injured in the crash that resulted from the overturned semi truck.  The NTSB  found that driver fatigue was the probable cause of the crash.  According to NTSB studies and statistics, driver fatigue is a factor in many semi truck crashes, and those numbers are growing. 

The NTSB recommended several safety mechanisms to reduce these fatal and injury accidents involving semi truck drivers.  Among them are: the installation of electronic stability control and active braking systems on semi trucks and fatigue education programs for semi truck drivers.

Teenage drivers are involved in three times as many fatal motor vehicle accidents as all other drivers, even though teenagers drive less frequently than other age groups.  According to statistics from the U.S. Department of Transportation (DOT), approximately 4,000 teenagers died and 300,000 were injured in motor vehicle accidents in 2006.  Teenagers (and other drivers)  driving on rural roads are more likely to be involved in a serious accident than those driving in urban areas.

There are several reasons why teenagers are more likely to be involved in accidents, including serious injury and fatal accidents, than others.  Those include: failure to wear a seat belt, use of cell phones and other mobile communication devices while driving, speeding, lack of experience and skill and driving while intoxicated on alcohol and/or drugs.  In an effort to reduce the number of accidents involving teenagers, the DOT is initiating an advertising and educational campaign to teach and encourage teenagers to drive safely.

Outside of the context of a lawsuit stemming from an injury or fatal accident involving a semi truck, it is very difficult, unfortunately.  Semi truck drivers are required to take drug and alcohol tests after accidents they cause or contribute to that result in injuries or serious property damage.  They are supposed to take those tests as soon as possible after the accident so that any alcohol or drugs in their system can be detected.  The trucking companies that employ semi truck drivers are supposed to educate their drivers about, and enforce, these federally required post-accident drug and alcohol tests.

Are drug and alcohol tests always taken by a semi truck driver after causing a serious injury accident?  No.  It is very common in lawsuits against semi truck drivers and trucking companies after a serious accident to find that the truck driver never bothered to take the required post-accident drug and alcohol tests.  Unfortunately, there are often no ramifications or penalties for these truck drivers who ignore this federal regulation. 

Likewise, after a serious accident, if the semi truck driver does bother to take the post-accident drug and alcohol tests and fails, it may be very difficult for anyone to find out about it and identify these unsafe drivers.  There is no national or statewide Florida database that documents semi truck drivers who fail post-accident drug and alcohol tests.  Employers who take applications from drivers who want to drive a semi truck are supposed to check into the applicant's background and see if he/she has failed a drug or alcohol test in the past.  This requirement is often ignored.  However, even where prospective employers try to obtain this information, they may not find it if a prior employer did not keep adequate records about their employees' drug and alcohol tests.

Fortunately, Arkansas has developed a statewide database that documents and discloses drug and alcohol tests for semi truck drivers.  Trucking companies are required by Arkansas law to report all failed drug and alcohol tests of semi truck drivers (this applies to drivers originating from any state, not just Arkansas) to the state so that information can be added to the database.  Trucking companies are also required to search the database to see if a driving applicant has failed a drug or alcohol test. 

With this law, at least in Arkansas, trucking companies cannot claim ignorance when they fail to perform the proper background check on an applicant who later causes a serious accident because he/she has a drug or alcohol problem.  Hopefully, Florida and other states will implement a similar law so extremely dangerous semi truck drivers can be identified and prevented from driving a semi truck.

Congress is considering a law that would give semi truck drivers and trucking companies a financial incentive to make their semi trucks safer and better able to avoid fatal and injury accidents.  According to bills that were introduced separately in the Senate and the House, trucking companies would get a $3,500 tax break on each truck upon the purchase of four mechanisms designed to prevent accidents: collision avoidance, lane departure warning devices, stability control and brake monitoring.  Those in favor of the new law point out that some or all of these systems are already in place and helping to avoid accidents in other types of vehicles and also in many semi trucks operating in Europe.

A semi truck hit another car and crashed after overturning on I-295 in Jacksonville this week.  According to the article on Firstcoastnews.com, the semi truck attempted to overcorrect after sideswiping another vehicle which lead to the semi truck overturning and crashing.  The semi truck was carrying a load of timber which spilled out over I-295. 

The article did not indicate what caused the semi truck driver to hit the other vehicle.  The driver of that other vehicle indicated that the semi truck crossed over the dividing line into his lane and caused the initial crash with his vehicle.  The crash occurred at about 4:00 a.m.  There was no indication yet as to how long the semi truck driver had been driving prior to the accident and whether fatigue was an issue.  However, it is notable that most accidents involving semi trucks occur late at night or in the early morning hours.  According to a recent study by the National Highway Traffic Safety Administration, drowsy driving is a factor in at least 100,000 accidents and 1,500 deaths per year.  Over 70,000 crashes per year are estimated to involve non-fatal injuries related to drowsy driving.  More information on driving while tired can be found at this website.

According to court documents, a Florida DMV employee was paid money to issue commercial driver's licenses (CDL's) to unqualified and sometimes undocumented drivers.  This occurred for at least four years and involved almost 150 CDL's.  As a result, numerous drivers were out on the roads operating a semi truck without the necessary training, education and qualifications.

The trucking industry has a difficult enough time maintaining safe drivers on the roads to keep the number of injury and fatal accidents as low as possible when CDL's are validly issued.  One way the trucking industry does that is by requiring all individuals who drive a semi truck commercially to first obtain a CDL which requires the person to pass a written test and a road test.  Commercial motor vehicle drivers are also supposed to be knowledgeable of the Federal Motor Carrier Safety Regulations which govern truck drivers and trucking companies and includes regulations pertaining to drug and alcohol testing, vehicle inspections and hours of service.   When semi truck drivers do not know the regulations and do not have the proper skills to operate the vehicle, it results in unsafe drivers and semi trucks and an increase in injury accidents.