In the State of Florida, there is an increasing number of commercial trucks on the road due to the increase in online shopping. As a result, truck accidents are increasingly likely to occur. Truck accidents can have devastating and traumatic consequences due to the sheer size and heavyweight of the vehicle. In comparison to car accidents, establishing who is liable for a truck accident is increasingly complex, as often there are multiple parties found to be at fault.
At The Law Place, we have a highly skilled team of criminal defense attorneys with an abundance of knowledge and experience in handling cases involving truck incidents. Our lawyers will investigate a claim to identify all of the potentially liable defendants and will do their utmost to ensure you receive the compensation that you deserve. Our phone lines are open 24 hours a day, 7 days a week. Call us today at (941) 444-4444 and arrange a free consultation with an adept personal injury lawyer.
Potential Liable Parties for a Truck Accident
As with any traffic collision, many people are quick to blame the driver of the vehicle for causing the accident. However, with incidents involving trucks, there are often multiple parties that may be liable for causing an accident. The potentially liable parties for a truck collision could include:
The Trucking Company
Often trucking companies put enormous pressure on truck drivers to work long hours and bend or break the safety rules to reach targets successfully and on time. When trucking companies display negligence and neglect their duty of care, accidents are increasingly likely to occur.
Parties Responsible for Loading the Truck
Some collisions occur because of overloaded cargo or poorly loaded cargo, which can make a truck increasingly hard to steer or control. Additionally, loads that are not properly secured may fall off the truck and cause an accident.
The Manufacturer of the Truck
Some truck accidents are caused because of a defect in the manufacture or design of the truck itself. If a defective truck part contributed to the cause of a trucking collision in some way, then it is likely that the manufacturer will be liable for the accident, at least to a certain extent.
Companies That Lease Trucks to the Trucking Carrier
Some truck companies lease their vehicles from third party providers. Therefore, the companies that own the trucks may be liable for an accident if they fail in their responsibilities to maintain and service the trucks.
Companies Responsible for Maintenance and Repair
When accidents occur because of a maintenance issue or failing parts, the companies responsible for maintaining and repairing the truck could be held liable.
The Truck Driver
If the truck driver is distracted for the road or not driving with the duty of care expected from all Florida road users, then they may be found to be liable for causing the road collision.
Additionally, it is worthwhile noting that in the United States, it is a legal requirement for all trucks to be fitted with an Event Data Recorder device, more commonly known as a black box. These boxes continuously gather information and data from the truck and can provide vital evidence that may help to establish who is liable for the accident, as they will have gathered data from the truck before, during, and after the incident.
Florida Statute of Limitations
As noted in Florida Statue 768.81, the State of Florida operates under a comparative negligence scheme. This means that in a situation where the jury finds more than one party to be liable for a trucking accident, each liable party will be required to pay for damages according to the percentage that they are found to be liable. For example, if the trucking company is found to be 30% liable for an accident, then they will be required to pay for 30% of the damages. The other liable parties will then be responsible for paying for the remainder of the damages.
If you have been involved in a trucking accident that wasn’t your fault, then it is strongly recommended to seek legal advice from a criminal defense lawyer. Call our law firm today to arrange a free consultation with an adept lawyer.
We’re here to serve you. Our phones are open 24 hours a day. Contact The Law Place Today
If you have been unfortunate enough to be involved in a trucking accident, then our highly skilled attorneys are here to help. At The Law Place, our lawyers fully understand how traumatic and distressing traffic collisions can be. Our lawyers will be here to support and guide you through the legal process every step of the way and will work to ensure you receive the compensation that you deserve.
Our lawyers pride themselves on developing trusting attorney-client relationships built on transparency and honesty. Our attorneys will work to gather any evidence and information that supports your claim and will work to ensure that any parties found to be liable for the trucking accident pay for the cost of damage.
At The Law Place, many of our lawyers are AVVO rated 10.0, so you can rest assured that your case will be in adept and competent hands. AVVO ratings are awarded based on trial skills, length of service, the number of awards received, as well as client reviews and testimonials.
Our offices are open all day, every day, so call us at a time that suits you best, and we will be on hand to answer your call and offer valuable legal advice on the best way to proceed with your claim, should you wish to do so. Call us on (941) 444-4444 and arrange a free case evaluation today.
