Shipping Carrier Negligence
Lately, the number of shipping carrier traffic accidents on the news is startling. What is the reason behind the high number of accidents? In today’s time and era, speed is everything. Shipping carrier companies are in an ongoing competition for efficiency, and timeliness is often the deciding factors for customers choosing one shipping carrier over the other. Timeliness, however, can cause faster speed and thoughtless judgment on the road. In a 2017 study by the Federal Motor Carrier Safety Administration (FMCSA) categorizing statistics for large truck crashes, speeding was the top contributing factor for fatal accidents. Fatigue was the fourth biggest cause after driver distraction and failure to yield.
Is a life stolen worth getting the package to its destination early? Shipping carriers need to take responsibility when they drive, just like anyone else on the road. It might be intimidating to pursue a lawsuit against a big shipping carrier name, but it might be your duty to remind them that safety comes first. You might need the help of a personal injury attorney if you’re planning to pursue a lawsuit against a shipping carrier.
Lawyer for Truck Accidents in Miami, Florida
It can feel intimidating to file a lawsuit against a big shipping carrier company; however, Abrams Justice Trial Attorneys can work towards making them seem small. Abrams Justice Trial Attorneys can analyze your case step by step and let you know if it’s worth pursuing under a court of law.
Abrams Justice Trial Attorneys has years of experience pursuing lawsuits against commercial trucks. They can submit a claim on your behalf and fight for your settlement. Contact Ivan and Isabel Adams at (305) 709-0880. Abrams Justice Trial Attorneys is available to clients in Miami and Coral Gables, FL.
Overview of Shipping Carrier Negligence
- Shipping Carrier Pressure
- Physical Contributing Factors
- Negligence Cases in Florida
- Additional Resources
Shipping Carrier Pressure
The most significant cause of driver negligence is often the pressure of the job itself. Truck drivers want to execute their job as efficiently as possible. Most truck drivers don’t intend on causing a traffic accident, but the weight of completing the job and coming home is already a deciding factor by itself.
What about the company? Companies are in constant competition in terms of delivery time and efficiency, which is impacted by the speedy world of today.
Top shipping carrier companies are as follows:
- US Postal Service (USPS)
- UPS
- FedEx
- DHL Express
- YRC Worldwide
- FedEx Corporation
- United Parcel Service, Inc. (UPS)
- Maersk
- Hapag-Lloyd
- COSCO
- Hanjin
- CMA CGM
If you’ve spent any time driving, you’ll likely recognize at least some of these names. These are the biggest names on the road in terms of presence and revenue. The truth is shipping carrier competition is at an all-time high right now. Competition is healthy except for when it puts others in danger. A traffic accident can turn fatal if it involves a shipping carrier truck such as an 18-wheeler. The pressure of shipping carrier. competition can yield reckless decision-making and physical exhaustion for truck drivers.
Physical Contributing Factors
One of the biggest causes for poor focus on the road is fatigue.
According to the Florida Department of Transportation (FDOT), fatigue can be influenced by:
- Sleep Deprivation (lack of sleep)
- Sleeping Cycle Patterns (body’s sleeping clock)
- Cumulative Fatigue Progression (fatigue that accumulates over time and reaches an all-new low)
For this reason, the Department of Transportation set a limit of Hours of Service (HOS) which are to be kept in a logbook (must show last seven consecutive days). However, in 2015, the FDOT reported a lack of logging in hours was the most significant violation of drivers.
HOS RULES
Limit Driving Time: 11 hours
Maximum on-duty time: 14 hours
Off-duty time minimum: 10 hours (21 hours duty cycle)
Maximum hours work (before 30-minute rest break): 8 hours
How much pressure is there on truck drivers and how it affects all other drivers on the road is pretty relative. Companies are aware of truck drivers working regulations and need to follow them. Some new services offered by shipping carrier companies will also affect drivers and pedestrians in the days to come.
Negligence Cases in Florida
Negligence in Florida works the same as in any other state. However, in Florida, a negligence action can be pursued as a civil action which considers all negligence event factors.
For personal injury cases resulting out of the negligence of another person, economic damages can be awarded for the following:
- lost income
- medical costs
- funeral costs (in case of death)
- mental health services costs
- lost personal property costs
- repair costs
Florida is a comparative negligence state also, so the amount of damage compensation will be according to the percentage amount of fault of the defendant (at-fault party). The statute of limitations or timeline for submitting an action based on negligence in Florida is four years from the event.
If suing a shipping carrier in a traffic accident in Florida, you have the option of suing both worker and company. However, one must be aware of companies who mistitle their full-time workers as independent contractors. When a company mistitles its workers as independent contractors, they have less responsibility to pay for the worker’s actions. For this reason, it’s essential to seek legal counsel from an experienced lawyer first before deciding to pursue legal action. A lawyer can advise you on the driver’s role is within the company and against who to pursue legal action.
Additional Resources
Amazon to Join Shipping Carrier Competitors – The news story by CNBC details the competition between the biggest names in shipping carriers. The page talks about Amazon’s freight service expansion joining the big names already on the road. This change affects drivers in every state as they’re going to be seeing more amazon trucks on the road now.
Large Truck Crash Causation Study Overview – The following link provides a view of The Large Truck Causation Study conducted by the Federal Motor Carrier Safety Administration. The study dives into the specific causes of truck crashes, including driver factors. The driver’s reckless behavior, distraction, and alert level are all discussed in this study.
Attorney for Truck Accidents in Miami Dade County, FL
Delivering a shipment on time isn’t worth anyone’s life. Contact Abrams Justice Trial Attorneys to file a case against a shipping carrier who caused you, or a loved an accident. Shipping carriers have to pay for their consequences, just like everyone else.
Shipping carriers have specific regulations they must follow on the road. Contact Abrams Justice Trial Attorneys at (305) 709-0880 to file a case against a shipping carrier who might’ve caused your harm out of negligence. Abrams Justice Trial Attorneys is available in Miami-Dade County and Monroe County, FL.