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Interstate 75 (I-75) Accident in Florida (near Gainesville, Florida)

Providing Attorney Representation in Florida Since 1985

On the night of January 28, 2012, just outside of Gainesville, Florida, at least ten individuals were killed in a major motor vehicle pileup that occurred as the result of severely impaired visibility caused by smoke from a nearby fire according to several news reports. Drivers involved in the pileup accident described that their vision was impaired as a result of the haze and smoke in the area.  Media outlets have further reported that approximately six tractor-trailers (commercial motor vehicles) were involved in this fatal crash.  The investigation into this terrible occurrence is in its very phases, but according to further news reports there is some suspicion that the fire may have been lit or ignited without permission, or perhaps even intentionally.  The cause of the fire will continue to be investigated by the authorities.

Although it has not yet been determined whether the nearby brush fire which caused the hazardous conditions was a prescribed burn authorized by Florida’s Forest Service, the dangers of smoke impinging on roadways is well-known in Florida. In fact, Florida’s Forest Service lists smoke as one of two chief concerns in its practice of overseeing and managing prescribed fires. The agency warns that, if smoke becomes a hazard during a burn, the burn must be discontinued immediately and those responsible for the burn must inform the Department of Transportation or Florida’s Highway Patrol that a problem exists.

Prescribed burns are defined by Florida’s Forest Service as “the controlled application of fire to existing naturally occurring fuels under specified environmental conditions, following appropriate precautionary measures, which allows the fire to be confined to a predetermined area and accomplishes the planned land management objectives.” Section 590.125, Florida Statues, allows for prescribed burns when all of the following preconditions and conditions are satisfied: specific consent of the landowner; authorization from Florida Forest Service; there exist adequate firebreaks at the burn site and sufficient personnel and firefighting equipment for the control of the fire; the fire remains within the boundary of the authorized area; and authorized person is present at the burn site until the fire is extinguished; Florida Forest Service does not cancel the authorization; and Florida Forest Service determines that air quality and fire danger are favorable for safe burning.  A person who violates the provisions of section 590.125 is liable for “all damages caused by such violation.” Liability attaches regardless of whether there is a criminal prosecution or conviction for the violation.

Florida law provides that operators of commercial motor vehicles and/or tractor-trailers (large trucks weighing more than 10,000 lbs.) must comply with the rules and regulations contained in 49 C.F.R. §§ 382, 385, and 390-97 regardless of whether they are participating in interstate or intrastate commerce.  These rules comprise what are known as the Federal Motor Carrier Safety Regulations (FMCSR) and are promulgated by the Federal Motor Carrier Safety Administration (FMCSA).

49 C.F.R. §391.11(a), FMCSR, provides: “A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle.” 49 C.F.R. §§ 383.111(c)(5) and 383.111(c)(8) require operators to have knowledge of “Visual Search” and “Space Management.” The operators are required to have knowledge of “[t]he importance of proper visual search, and proper visual search methods” and knowledge of “[t]he procedures and techniques for controlling the space around the vehicle.” 49 C.F.R. §383.113(a) requires the operator to have basic vehicle control skills which “should include the ability to start, to stop, and to move the vehicle forward and backward in a safe manner.” As such, the operator of a tractor-trailer must be qualified and capable of properly and safely operating the very large commercial motor vehicle.

In addition to complying with the rules and regulations of the FMCSR, those desiring to operate a commercial motor vehicle must also obtain a commercial driver’s license (CDL). The Florida Department of Highway Safety and Motor Vehicles (DHSMV) publishes annually an Official Florida CDL Handbook that “provides driver license testing information for drivers who wish to have a commercial driver license (CDL).” In section 2.4 of the CDL Handbook it states “To be a safe driver you need to know what’s going on all around your vehicle. Not looking properly is a major cause of accidents.”

In addition, §392.14 of the Federal Motor Carrier Safety Regulations states the following:

Hazardous conditions; extreme caution.  Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction.  Speed shall be reduced when such conditions exist.  If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated.  Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at the safety of passengers is assured.

The investigation into this multi-vehicle pileup that occurred on Interstate 75 (I-75) in the area of Gainesville, Florida is continuing.  According to preliminary information that has been released through the initial crash report at least 10 people were killed as a result of this most unfortunate and tragic accident, and at least 21 others were injured.

Interstate 75 serves the Floridian cities of Tampa, St. Petersburg, Gainesville, Ocala, Sarasota, Fort Myers, Naples and Miami. I-75 stretches from Florida’s border with Georgia down through Naples.  It ultimately merges with Alligator Alley and takes motorists into Ft. Lauderdale. I-75 is used by residents of Gainesville, FL as a north/south thoroughfare. For most of its length in Florida, Interstate 75 is unsigned Florida State Road 93. The lone exception is in the Tampa-St. Petersburg area, where it is unsigned Florida State Road 93A. When the Interstates were renumbered, the state route designations were not changed to match. I-175 and I-375 are very brief Interstates that go east into downtown St. Petersburg, while I-275 goes into the downtown Tampa area , using the Howard Frankland Bridge into St. Petersburg. I-75 then heads south across the Sunshine Skyway Bridge, reconnecting with I-75 in Manatee County, Florida, and then down to Ft. Myers/Naples.  I-75 stretches for 470 miles in Florida.

 

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