Brevard County Truck Accident Lawyer

We've Recovered Over $100 Million Our Clients

While all drivers are bound by a duty of care and a responsibility to take reasonable precaution to avoid causing car accidents, commercial truck drivers are held to even higher standards due to the fact that their vehicles are capable of causing such devastating damage. Semi-trucks can legally weigh up to forty times more than a passenger vehicle, and can easily cause catastrophic injuries or death in a collision.

Examples of the standards which truckers must uphold include the federal Hours of Service regulations which restrict the number of hours the driver may continuously stay on the road before stopping to rest, and the lower threshold for an arrest for driving under the influence-.04% blood alcohol content as compared to .08% for normal drivers.

We will investigate the circumstances of your crash to find evidence to prove that the trucker is at fault, such as through reckless driving which led to a rear-end or under ride accident, or for careless handling leading to a jackknife or rollover. Our goal will be to help you recover full compensation for all your medical expenses, lost income and pain and suffering, whether you have suffered personal injury or if you are suing for the wrongful death of a loved one

Negligence in Commercial Truck Accidents

At High Stack Gordon Kirby, we have helped our clients recover more than $100 million in the form of accident settlements and personal injury awards, and with credentials and certifications such as the AV® rating from Martindale-Hubbell®, we are more than prepared to take on your case. Act now you have been injured in an accident involving a big-rig, semi-truck or 18-wheeler and believe that the trucker may be to blame.

FMCSA Regulations

Since commercial trucks are capable of causing so much damage, what truckers can and cannot do is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). One of these important regulations is called the hours of service regulations which specifies when and how long truckers can be on the road. This regulations state:

• Drivers are allowed to work up to a 14-hour day however they can only drive for 11 of these hours. The remaining hours must be spent on rest or meal breaks.
• After the 14-hour workday is reached drivers must rest for at least 10 consecutive hours before returning to work.
• If a trucking company is open seven days a week a driver is only allowed to work 70 hours in an eight-day period before taking at least 34 consecutive hours off. Likewise, if a trucking company is open less than seven days a week than a driver is only allowed to work 60 hours in a seven-day period before taking 34 hours off.

Unfortunately, trucking companies are caught breaking these regulations all too often in an attempt to help their company’s bottom line. When this happens tired, overworked truckers on the road pose a risk to other drivers on the road. Sometimes the FMCSA regulations are modified in times of national emergency such as in the recent COVID-19 crisis. During these times truck drivers are not breaking the law by driving beyond the above limits but the risk they pose to other drivers on the road is no less extreme. If you have been injured by a fatigued trucker call our office today to get started on your case!

Who is Liable After a Truck Accident in Melbourne?

Unlike a car accident where there are typically one or two parties held responsible after an accident, a truck accident can have many parties help responsible depending on the circumstances of the case. A liable party in a truck accident can include:

• The truck driver
• The trucking company
• The truck manufacturer

A truck driver can be held responsible if it is discovered they were engaging in illegal activities that led to the accident, such as driving under the influence of drugs or alcohol. The trucking company the driver was employed by, however, is most often held liable for damages after an accident. It is not uncommon for a trucking company to encourage its drivers to break FMCSA regulations in order to help the companies bottom line, resulting in tired more dangerous drivers on the road. At other times if can be discovered that a truck was improperly loaded, causing the uneven weight in the trailer to cause an accident.

Get Started on You Case Today

Whatever the cause of your accident, our attorneys have the skill and experience to properly investigate your truck accident case in order to hold the liable parties accountable for their negligence and recover the compensation you need to recover from your injuries.