Federal Oversight Of Commercial Motor Vehicles
The state of Florida has an Office of Commercial Vehicle Enforcement (OCVE), under the umbrella of the Department of Highway Safety & Motor Vehicles (FLHSMV), whose mission statement is to regulate commercial motor vehicle (CMV) operations in Florida. However, there is also a Federal Motor Carrier Safety Administration (FMCSA), which has the authority to regulate CMV operation. Both for CMV drivers and for those who may have been involved in accidents with these vehicles, it is important to understand who regulates what and whether a violation has occurred.
In-State vs Out-of-State
The main question one must answer is whether or not the CMV involved in any accident operates exclusively within the state of Florida, or whether it moves in interstate commerce. A CMV which does not leave the confines of Florida will, in most cases, not be subject to federal regulations. (There are rare exceptions where such a vehicle will still have to comply with FMCSA if they ship goods coming from out of state, but this does not happen often.)
If a vehicle operates in interstate commerce, it must comply with both state and federal rules, which can sometimes be confusing for the average person to understand. For example, even the statutory definition of a CMV is different – federal law defines a CMV as any vehicle meeting certain requirements weighing 10,001 pounds or more, while Florida law limits the status to vehicles of 26,001 pounds or more. Which definition applies will depend on the specific nature of your accident.
Establishing Liability
If you have been involved in a Florida accident with a CMV, it is important that you know which regulations apply to the vehicle that struck you. While cases involving severe injuries can be tried in Florida courts, in some cases it may be necessary for your case to be tried in federal court, particularly if the CMV involved in your case is not registered in state. In either state or federal court, however, the breaking of a regulation may contribute to a finding that the driver was negligent in your case.
The concept of negligence per se holds that if a person violates a law or a regulation designed to protect a specific class of people by harming someone of that class, the person is negligent as a matter of law. What this means is that instead of having to establish negligence bit by bit, a plaintiff can simply point to the regulation being violated and at the person or people it harmed – for example, a CMV driver not complying with Hours of Service requirements and causing an accident by driving distracted would likely make the driver negligent as a matter of law.
Contact A Tampa CMV Accident Attorney
Commercial motor vehicle drivers must comply with all the regulations that apply to them. If you can demonstrate that their conduct violated one or more of them, it may help to establish negligence on their part. A Tampa truck accident attorney from the Rinaldo Law Group can help guide you through the legal process and give you the best shot at compensation for the harm you have suffered. Contact our office today to schedule a free consultation.
