Florida Trucking Accident Lawyer Blog

According to the Federal Motor Carrier Safety Administration’s (FMCSA), commercial truck drivers are using safety belts more than ever before – an important precaution that can help prevent Florida workers compensation suits as well as fatal Florida truck accidents. According to the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey, 74% of surveyed commercial truck drivers used seat belts on 2009. This represents a 9% increase over the 2007-2009 period.

According to the survey, passengers and other occupants of commercial trucks have a 61% usage rate when it comes to seat belts. The FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey surveyed 20,818 commercial drivers and 1,628 occupants of commercial vehicles across 827 sites across the US. According to the findings, safety belt use is higher in states that enforce primary belt use laws. States with secondary belt use laws have a seat belt usage of 67% among CMV drivers while states with primary belt use laws have a usage rate of 78%. Further, the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey found that seat belt use among drivers and occupants with national or regional fleets is higher than the rates among independent owner-operators.

According to the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey, there are also regional differences in the way seat belts are used. The survey found that commercial drivers and passengers were most likely to wear seat belts in the West, where usage rates were 79%, compared with just 64% in the Northeast. Southern states had a 75% usage rate while the Midwest had a 68% rate.

Safety belt use is a major concern for the FMCSA. The organization hosts contests and encourages awareness programs to ensure that drivers buckle up. In many cases, seat belt use can help prevent a fatal Florida truck accident. Without a seat belt, a driver in an accident can be thrown from the vehicle or may be tossed about inside the truck. Without a seat belt, these injuries are likely to result in serious Florida brain injuries, spinal cord injuries, and potentially fatalities. Seat belts restrain the driver in the event of an accident and help to protect the driver from impact.

The FMCSA has faced a number of challenges over the years in trying to enforce seat belt use. There are many myths about seat belts among commercial drivers. For example, some drivers erroneously believe that in the event of a Florida truck rollover, a safety belt can prevent them from escaping the truck and can actually contribute to fatalities. Statistics have proven that it is not the case. The safest place for a truck driver in most accidents is in the cabin, securely fastened by a safety belt.

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Florida car accidents involving trucks can be caused by number of factors. According to the Federal Motor Carrier Safety Administration, a number of risk factors could influence the risks of commercial Florida truck accidents:

1) Age. According to the Federal Motor Carrier Safety Administration, commercial truck drivers between the ages of 18 and 21 have rates of violations almost twice the rates of drivers between the ages of 30 and 49. Young drivers are especially likely to drive at unsafe speeds. In truck accidents, young drivers were 50% more likely than drivers between 30 and 49 to be charged with a violation. These studies, cited by the Federal Motor Carrier Safety Administration, do not suggest that older truck drivers have a higher rate of traffic violations when compared with young and middle aged commercial truck drivers.

2) Experience. According to the Federal Motor Carrier Safety Administration, studies have proven that driver experience can play a major role in the risk of an accident. Quite simply, less experienced truck drivers are more likely to be an accident, possibly because they do not have the collision avoidance experience and the other skills which experience brings.

3) Sleep disorders. According to the Federal Motor Carrier Safety Administration, commercial truck drivers with a sleep disorder – sleep apneas the most common disorder – are between 3 and 14 times more likely to be in a truck accident.

4) Impulsiveness. Someone who has an inability to control impulses or shows signs of behavioral instability may be at a higher risk of being involved in an accident. According to studies, drivers who are impulsive may also be more likely to take risks or drive aggressively.

5) Aggressive, angry, and unsociable personalities. Studies of commercial truck drivers who have been involved in multiple accidents have suggested that many of these drivers have negative social traits.

While all these risk factors do not necessarily mean that a truck driver will be in a Florida truck accident, these can be seen as red flag signs of possible high risk. In many cases, carriers are already taking steps to help monitor or reduce the number of truck drivers in their fleets with these risk factors. For example, some carriers provide additional training for younger drivers or send drivers to doctors in order to ensure that sleep disorders are not an issue.

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According to the Federal Motor Carrier Safety Administration, carriers and truck companies have a hard time retaining and hiring qualified drivers. In fact, according to the Federal Motor Carrier Safety Administration, there’s a shortage of qualified drivers for commercial carriers. The FMCSA has a few recommendations that can help carriers hire qualified drivers and thereby help prevent Florida car accidents involving trucks:

1) Driver Training. Proper driver training ensures that drivers have the skills and expertise needed to help avoid Florida truck accidents. Many truck drivers are hired after already receiving extensive education and training. However, truck carriers can institute their own training to ensure that drivers are prepared to meet the rigors and demands of a specific schedule. As well, according to the Federal Motor Carrier Safety Administration, carriers can help retain qualified drivers by providing driver training which allows for career advancement. If drivers are given training which allows them to achieve higher levels of career attainment or higher salaries, they may be less likely to leave the company.

2) Dispatch Operations. Fleet managers or dispatchers are the ones who communicate with drivers about their loads, schedules, and other logistics. However, at most companies, there is a high rate of turnover for dispatch and fleet managers. This means that in many cases fleet managers do not get to know truck drivers personally, something which the Federal Motor Carrier Safety Administration believes affects truck driver turnover rates as well. Having a lower truck driver to fleet manager ratio, training fleet managers correctly, and working to retain fleet managers as well as drivers can help companies retain qualified drivers, according to the Federal Motor Carrier Safety Administration.

3) Working Conditions. Long-haul commercial truck drivers face a difficult lifestyle. Many hours on the roads, irregular work hours, and an irregular schedule can contribute to stress. That stress is even more pronounced when truck drivers face poor working conditions. Providing more flexible hours, modern trucks with larger sleeping berths, and better working conditions overall can help carriers retain qualified drivers. As well, according to the Federal Motor Carrier Safety Administration, carriers can help enforce rest and off hour regulations enacted by the federal government to ensure that truck drivers get adequate rest.

4) Incentives and Rewards. According to the Federal Motor Carrier Safety Administration, carriers enacting incentive and reward programs for safety have been able to reduce instances of Florida truck accidents as well as the costs of insurance premiums. Incentives and rewards may take a variety of forms. Some carriers offer rewards – such as cash bonuses or gifts – to truck drivers who go accident free for a specific number of miles. Others offer an additional holiday bonus for truck drivers who have been able to remain accident free or violation free for an entire year. Other carriers have a points system, allowing them to reward commercial truck drivers for a variety of safety actions.

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Some Florida truck drivers find themselves part of a staged accident – a car rams into them and the driver (or their attorney) assert that the truck driver caused the truck accident. Passenger vehicle drivers also sometimes find themselves part of this type of insurance fraud. Unfortunately, insurance industry experts note that Florida has the dubious distinction of leading the nation in car accident fraud. Several factors cause this type of fraud:

1) Fraud companies. According to the insurance industry, Florida car accident insurance fraud is highly organized, with doctors, clinics, patients, and some attorneys working together to defraud the insurers. In some cases, these companies even advertise to convince people to report false Florida truck accident and car accident claims.

2) Insurance rules. Insurance companies must pay Personal Injury Protection (PIP) claims within 30 days of an accident. Often, this does not give insurers enough time to carefully investigate a Florida truck accident or car accident to determine whether it is real or fraudulent. This is especially the case in situations where many accidents occur around the same time so that claims adjusters are spread thin. In addition, some companies aiming to defraud insurers purposely stage accident before a weekend or holiday to further reduce the chances insurers have to investigate an accident.

3) Economic loss. In many cases, companies that have organized to defraud insurance companies market themselves to the unemployed and to recent immigrants, promising them money in exchange for nothing. Unfortunately, the instances of car insurance fraud in Florida have increased since the economic downturn of 2008.

4) Perceptions of the insurance industry. Many people do not feel bad bout defrauding the insurance industry. Many polls have suggested that drivers tend to see the insurance companies are overly profitable and as charging high premiums. Some drivers even see fraud as a way to get more value out of their already high premiums.

5) Rules about clinic licensing. In Florida, some specialists who are individually licensed – including massage therapists and chiropractors – do not need to license their clinics. For insurers, it is harder to get information about these clinics and insurance companies claim that these clinics produce many of the fraudulent claims they see.

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A good night’s sleep is very important for most professionals. However, for a truck driver, a restful night of sleep can literally mean the difference between life and death. Truck drivers who drive tired have slower response times and are liable to fall asleep behind the wheel. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA) is a key cause of commercial truck accidents.

In some cases, drowsiness is not caused just by one poor night of sleep but rather by a sleep disorder known as sleep apnea. This common breathing-related disorder causes sleepers to experience short stoppages of breathing. Someone with sleep apnea may experience interruptions of breathing hundreds of times a night, several seconds at a time. Since the sleeper is unaware of what is happening, he or she may not recognize that there is a problem. It is all too easy to dismiss a feeling of fatigue.

However, sleep apnea is a problem – and a serious one at that. According to the FMCSA, up to 28% of commercial truck drivers have sleep apnea. Untreated, the disorder can easily lead to Florida car accidents and traffic accidents. Luckily, there are symptoms and signs that drivers can look for. Common symptoms of sleep apnea include sudden daytime naps, snoring, daytime drowsiness, irritability, headaches, poor concentration, memory problems, waking up in the night frequently to urinate, and depression.

Untreated sleep apnea should never be ignored. According to the FMSCA, one study has shown that commercial truck drivers with sleep apnea are more likely to cause an accident than drivers under the influence. Just as Florida drunk driving accidents are preventable, however, so are truck accidents caused by fatigue and sleep apnea. Sleep apnea is caused when the upper airway is blocked or narrowed. Once diagnosed, sleep apnea can often be treated with an airway pressure machine. In some cases, simply losing weight and avoiding alcohol can alleviate the condition. Where sleep apnea is caused by dental issues such as soft palates, jaw problems or deviated septums, surgical procedures are available. Some sufferers find that wearing oral devices or masks takes care of the problem.

Once sleep apnea is treated, the sufferer can drive as safely as anyone else and can continue their job with less risk. Some drivers, however, avoid seeking medical treatment because they fear being disqualified from being a driver. However, in many cases sleep apnea is treatable and allows drivers to resume their duties. The FMSCA urges any driver who may have sleep apnea to discuss the problem with their doctor. Doing so could save lives.

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According to the Federal Motor Carrier Safety Administration (FMCSA), preventing trucking accidents is not just good common sense – it’s good business sense. According to the FMSCA, following best practices and improving safety rules helps truck companies and carriers reduce the costs of accidents and helps keep insurance costs down. Poor safety, according to the FMSCA, means poor branding, difficulty finding great drivers, discord in the community, and other costs that can hurt the profit margin.

According to the FMSCA, the average cost of a fatal truck accident involving a large commercial truck is $3.6 million. Commercial truck accidents involving personal injuries average $200 000 each. All truck accidents have an average cost of $91 000 per collision. When everyone works together to prevent truck accidents, everyone wins. According to the FMSCA, there are many things carriers can do to prevent collisions:

1) Ensure that drivers do not speed. The FMSCA reports that up to 22% of commercial truck crashes involving multiple vehicles were related to speeding. In fact, many Florida car accidents and truck accidents are caused by speeding. Quite simply, when truck drivers speed, they often cannot stop in time to prevent an accident. Carriers can help by enforcing penalties for drivers that speed.

2) Enforce a zero-tolerance no-drugs and no-alcohol policy. Just like Florida drunk driving accidents are a terrible tragedy and 100% preventable, DUI truck accidents are a serious concern. According to the FMSCA, about 0.2% of commercial truck drivers used alcohol and 2% used controlled substances while on the job in 2003.

3) Enforce rules that require truck drivers to get adequate rest. According to the FMSCA, up to 5.5% of truck accidents that result in a fatality are caused by fatigued drivers. Carriers can help by ensuring that drivers can get adequate rest and still meet prescribed deadlines.

4) Find and keep good drivers. Studies have linked high driver turnover to a higher instance of truck accidents, according to the FMSCA. Companies who hire qualified drivers and work to retain those drivers have to spend less on training, recruiting, and hiring and can enjoy knowing that their workforce is stable. Good pay, good benefits, and a good working environment can all help attract and retain great drivers.

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There are many state and federal initiatives in place to help prevent Florida pedestrian accidentshttp://www.flaxmanandlopez.com/lawyer-attorney-1457742.html, truck accidents, and other traffic accidents. For example, the Federal Motor Carrier Safety Administration has a number of initiatives in place:

1) The Ticketing Aggressive Cars and Trucks (TACT) program is available to states interested in preventing car and traffic accidents. This initiative is designed to help states develop high-visibility enforcement programs for traffic laws. The program helps states to target unsafe behaviors and devise programs to target and ticket these offenses in order to encourage drivers to drive more safely. Florida is not currently a participant in this program.

2) The pre-employment screening program (PSP). The PSP helps motor carriers to easily and quickly check driver records online before hiring new truck drivers. A joint initiative between the Federal Motor Carrier Safety Administration and the Department of Transportation, the PSP allows carriers to learn about safety violations of drivers for a nominal fee, allowing carriers to more easily hire safer drivers.

3) Informational Resources. The Federal Motor Carrier Safety Administration provides a number of resources for truck companies, truck drivers, and passenger vehicle drivers through its website to raise awareness of safety issues. Safety tips and resources such as the Motor Carrier's Guide to Improving Highway Safety are available at no cost online.

4) Registration. All motor carriers and trucking service providers offering interstate services must by law register with the Federal Motor Carrier Safety Administration and must in many cases secure operating authority from the organization before offering interstate services. Motor carriers and companies who have registered receive a USDOT number. The registration process ensures that motor carriers are correctly documented and have passed through basic safety guidelines.

5) Skill Performance Evaluation (SPE) designation. The Federal Motor Carrier Safety Administration requires all truck drivers with an impairment which may affect their driving to secure SPE certification in order to ensure that all drivers are safe on the roads.

6) The Commercial Motor Vehicle Safety Belt Program. This program aims to raise awareness of seatbelt safety and to encourage all motor vehicle drivers to wear a seat belt when getting behind the wheel.

7) The Drug and Alcohol Program. This program is designed to enforce the strict policies against DUI which are in place for commercial truck drivers.

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According to the Federal Motor Carrier Safety Administration, truck and car accidents are very common on work zones, especially on highways, because these areas often combine road closures with work vehicles and trucks, creating a confusing situation that can easily cause an accident. Luckily, there are many things that drivers can do to help prevent a Florida car accident in a work zone. According to the Federal Motor Carrier Safety Administration, drivers need to:

1) Slow down and stay alert. If possible, avoid work zones entirely. Reducing the amount of traffic congestion present in work zones helps prevent Florida workplace accidents and can help reduce traffic accidents as well. If you must pass through a work zone, stay alert for any signs. Slow down and obey any signals or traffic controllers as you slowly drive through the construction area along the route designated by the work crew.

2) Stay alert for dangers which may not be indicated. Not everything has signs. Work zones may produce debris and sharp objects on the road, which can cause a flat tire. Where possible, steer around the obstacle and alert someone at the site of the danger.

3) Look at trucks. According to the Federal Motor Carrier Safety Administration, trucks can be a great red flag of slow-downs and construction up ahead. Since trucks can see further due to the driver’s vantage point and since trucks need to brake well in advance, trucks will generally start to brake before anyone else. It is a good idea to keep an eye on trucks’ brake lights to stay alert of upcoming problems.

4) Give others the chance to merge. While it can be frustrating to slow down and wait in work zones, it is very dangerous to drive aggressively in these situations. Allow others to merge in front of you, especially trucks. It is much better to let a truck go ahead than to risk being crushed by a truck that cannot see you because you are in the driver’s blind spot.

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According to the Federal Motor Carrier Safety Administration, there are many bad habits car drivers can adopt that can easily lead to Florida car accidents and truck accidents. Although truck drivers can also cause Florida truck accidents, in many cases mistakes by drivers of passenger vehicles cause serious accidents on the highways and roads. According to the Federal Motor Carrier Safety Administration, there are many things drivers of passenger vehicles can do to avoid an accident:

1) Wear a seatbelt. While a seatbelt will not prevent an accident, the Federal Motor Carrier Safety Administration points out that if you are in an accident, a seatbelt is the best protect you have. A seatbelt will protect you by preventing you from being ejected from the car or hitting the steering wheel or windshield. According to the Federal Motor Carrier Safety Administration, in about 78% of truck accidents involving a car, there is a fatality involving a passenger or driver of the passenger vehicle involved. Wearing a seatbelt can reduce your risk.

2) Do not cut in front of trucks. According to the Federal Motor Carrier Safety Administration, this is the most common – and the most deadly – mistake passenger vehicle drivers make when sharing the road with trucks. The problem with cutting trucks off is that large vehicles such as trucks take much longer to stop than other vehicles. This means that if the truck driver must slam on the brakes, it is likely that a truck accident will happen. Always make sure that you can see the truck in the mirror before you attempt to enter the lane in front of a truck. Use your signal to ensure that the truck driver can see you are about to move into his or her lane.

3) Don’t coast in the blind spots. Truck drivers cannot clearly see vehicles driving directly in front, behind, or beside the truck. Unless you can see the truck’s mirrors, the driver likely cannot see you. Avoid staying in the blind spots – a truck could turn into you or back up into you.

4) Drive calmly and attentively. Aggressive and distracted drivers are dangerous to everyone on the road. Since truck drivers take longer to stop their vehicles, someone who is running red lights, making aggressive lane changes, or not paying attention can easily cause a Florida truck accident.

5) Do not get caught in a “squeeze.” A squeeze refers to a situation in which a passenger car gets stuck between the curb and a truck when a truck makes a wide right turn. In many cases, trucks need to swing wide to the left, especially on city streets, and may not see cars beside them or behind them. If you get stuck in a squeeze, you could be forced to drive up on the curb, causing a Florida pedestrian accident. In a worst-case scenario, you could be left with nowhere to go and could be crushed by the truck. Always give trucks extra room to turn.

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RV enthusiasts may have more in common with truck drivers than they realize. Although many people consider RVs (recreational vehicles) to be simply large vehicles, they in fact handle in many ways like a truck. Like a truck, RVs take longer to brake, are heavier, and have more blind spots than traditional vehicles. Sharing the road with trucks in an RV is even riskier and can lead to Florida truck accidents.

If you are considering renting or buying an RV this summer, consider these tips from the Federal Motor Carrier Safety Administration to stay safe on the roads:

1) Be ready to stop at all times. Like trucks, RVs take longer to stop due to their size and weight. Leave yourself lots of extra room in front of you when driving in an RV to prevent Florida truck accidents. If you are driving behind a truck, keep in mind that the truck also takes longer to stop, so leave plenty of space. If you are in a passenger car behind an RV, treat the vehicle as you would any large truck and give yourself extra room.

2) Be aware of the blind spots. Keep in mind that RVs have lots of blind spots. Familiarize yourself with them and use signals as well as mirrors to compensate. When driving on the road with trucks, keep in mind that they will not see your RV – even if it is a larger vehicle – if you are in the truck’s blind spot. Make sure you can see a truck’s mirrors – if you can’t, the driver probably cannot see you.

3) Consider the weight of your RV. You will of course want to fill your RV with all the essentials for your family’s vacation. However, keep in mind that too much weight or poorly distributed weight can cause rollovers and braking troubles. Do not exceed the maximum weight capacity for the RV and if you have heavier items, secure them low to the ground and distribute them evenly on both sides of the vehicle.

4) Use seatbelts. Although an RV may feel like home, it is not. Every time the RV is moving, ensure that all passengers are correctly using seat belts of age-appropriate safety systems.

5) Check your tires before each trip. Just like commercial trucks, RVs tend to put extra pressure on their tires do to weight. Buy the best tires you can afford and check them before each trip for correct tire pressure. Avoid speeding and overloading your RV, too – this can put dangerous pressure on tires and cause a blowout.

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Wet Florida weather in the winter months can be a contributing factor to truck accidents. At this time of year, many Florida truck accidents and car accidents are caused by weather. The most common causes of weather-related truck accidents are:

1) Excessive speed. Driving too quickly at any time of year can be a danger. However, when the weather is bad, driving too quickly can more easily cause an accident. The roads are slippery in heavy rains, making it hard to brake in time. When the weather is very bad, it may be necessary to even drive below the posted speed limit.

2) Poor visibility. Poor weather often creates darkness early. Heavy rain can also make it hard to see and can even create a glare in headlights. For these reasons, it is important for truck drivers to slow down and to use extra caution when driving in bad weather. Cars, as well, need to slow down when visibility is poor, especially when driving near trucks. Trucks can spray weather and rain towards smaller vehicles, temporarily blinding drivers. To avoid a Florida car accident, stay well clear of trucks and avoid driving behind them in the rain.

3) Drowsiness. Dark, rainy days make most people feel extra sleepy and drowsy, which can easily lead to traffic accidents. When the days get shorter, some people are also affected by seasonal disorders, which can cause excessive fatigue as well as other symptoms. If you feel more tired that usual at this time of year, visit a physician for an assessment. Do not continue to drive while fatigued. Drivers falling asleep at the wheel causing many Florida truck accidents and traffic accidents each year.

4) Slippery roads. Rains obviously cause the roads to become slick, but the problem is often not rain itself. Rather, when rain mixes with oil and other spilled substances on the roads, it can cause slick areas. For this reason, it is important to slow down in the rain. Even if you feel that the roads are not slippery, a spot up ahead may be very slick.

5) Road damage caused by poor weather. Bad weather and winds can rip up road signs, damage the roads, and cause traffic lights to malfunction. This can easily lead to delays, traffic jams, and accidents. Slow down and remember to treat all downed traffic light intersections as four-way stops.

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While Florida has not banned texting and driving yet, the awareness about distracted driving is growing. Both anecdotal evidence and numerous research studies have shown it: texting or talking on the phone while driving can easily lead to Florida pedestrian accidents, truck accidents, and other traffic accidents. Using a mobile device while driving removes the driver’s eyes from the roads for dangerous periods of time, paving the way for an accident. While legislators continue to try to pass Florida laws that would ban texting while driving, some companies are coming up with innovative ways to halt distracted driving.

Florida company PhoneGuard has created new software which may help prevent Florida car accidents and truck accidents caused by distracted driving. The software, Drive Safe, makes it impossible for drivers to use PDAs, cell phones, and smartphones to text while driving. The software disables texting, keyboard functions, and emailing on mobile devices in any vehicles traveling over 16 kilometers per hour.

According to PhoneGuard, the software is especially useful for employers and parents who want to ban texting while driving for a specific person. For example, trucking companies can use the software to ensure that no drivers text and drive while on the job. As PhoneGuard notes, the software takes away the job of enforcing texting bans. Indeed, enforcement has been a key problem with text bans. While many workplaces and states already ban texting and driving, most admit that it is difficult to stop or notice such behaviors unless they lead to an accident.

The Drive Safe Software uses GPS to track the coordinates and the speed of a vehicle. When a driver starts traveling over 16KPH, the software automatically turns off texting options on phones. If the driver speeds, the software can even alert employees via text message. This feature may be especially handy for the trucking industry, which has had a problem with excessive driver speeds causing Florida trucking accidents. Another feature of the software is a “time out” feature which would allow employers to prevent employees from texting during specific times – such as work hours, for example. The software is tamper-proof, according to the company.

According to the US Department of Transportation and the National Highway Transportation Safety Administration (NHTSA), almost 5000 car accidents in 2009 were linked to distracted driving caused by mobile device use. For this reason, texting as a distraction while driving has caused a great deal of concern. Even experienced truck drivers are far more likely to cause a Florida truck accident while texting and driving, simply because their eyes are not on the road.

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Many states have now passed laws which ban texting and cell phone use while driving. Despite repeated efforts by legislators, Florida remains one of the few states that does not ban these dangerous driving behaviors, even though distracted driving has been linked to high instances of traffic accidents. However, public pressure has made texting or phoning while driving less socially acceptable. As well, a number of companies are stepping up to ban texting and driving among employees.

The Walt Disney Company, for example, banned its employees from texting and driving last November. Whenever an employee is on the clock, driving a Disney truck, or driving their own vehicle, that employee cannot text and drive. Employees caught violating the ban are subject to fines and may even be fired for non-compliance. Other Florida companies are expected to follow suit with similar bans.

In 2010, the trucking industry also placed a federal ban on texting and driving for all bus drivers and commercial truck drivers. Any truck driver or bus driver caught texting and driving anywhere in Florida or across the country may face criminal penalties and civil penalties. They are also liable to lose their jobs. Many trucking companies have also created strict rules against distracted driving for their truck drivers, above and beyond federal regulations.

According to the Strength in Numbers Fleet Benchmarking Study, trucking companies with strict distracted driving bans and severe penalties for non-compliance had lower rates of trucking accidents. Of the top eight trucking companies out of a total of 45 in the survey, six allowed a driver to be fired if caught texting and driving. The bottom 14 companies – the companies with the laxest rules and the highest accident rates – did not have such policies in place.

It is just common sense that companies are placing bans on distracted driving in Florida, even though there is no official ban in place in the state. Companies may be held liable in cases where a distracted driver causes a Florida pedestrian accident or traffic accident while driving and texting on company time. When a company institutes an internal ban, it is showing a commitment to preventing accidents. In the event of an accident, liability may rest more heavily with the truck driver if he or she violated a company ban.

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