In a truck accident, the decision to sue the truck driver or the trucking company depends on the circumstances surrounding the incident. Generally, if the truck driver was at fault for the accident due to negligence, such as violating traffic laws or driving under the influence, you might initially consider suing the driver directly.
However, under the legal doctrine known as “respondeat superior,” the trucking company can also be held liable for the actions of its employees if the driver was working within the scope of their employment at the time of the accident. This means that in many cases, the trucking company can be sued alongside or instead of the truck driver, especially if factors like improper training, unrealistic driving schedules, or poor vehicle maintenance contributed to the accident.
Consulting with a personal injury attorney experienced in truck accidents can help determine the best course of action based on the specifics of your case. Contact the Law Place today for a free case evaluation for your trucking accident claim. Our lawyers have over 75 years of combined experience and are ready to investigate your injuries immediately. Make sure the truck company or the driver are held liable for their actions.
Our lines are open 24/7, and our representatives are waiting for your call. Schedule your free consultation with a qualified accident attorney today.
Call The Law Place now at (941) 444-4444.
How Is Responsibility Determined in a Florida Truck Accident?
Determining responsibility in a Florida truck accident involves a thorough investigation into the circumstances surrounding the incident. Each party involved may hold a piece of the liability puzzle, depending on their role and actions leading up to the accident:
The Truck Driver
A truck driver can be held liable if their negligent behavior, such as speeding, driving under the influence, fatigue due to non-compliance with service regulations, or distracted driving, directly caused the accident. Witness statements and evidence from the accident scene, such as traffic camera footage or the truck’s electronic logging device, can help establish the driver’s fault.
The Trucking Company
Trucking companies can be held liable if they fail to enforce proper maintenance schedules for their vehicles, if they hire dangerous drivers with poor records, or if they push drivers to ignore service regulations to meet deadlines, leading to driver fatigue. The company’s liability can also stem from inadequate training provided to their drivers or from pressuring drivers to carry loads over the legal weight limit.
The Motor Carrier
Similar to trucking companies, motor carriers can be held responsible if their failure to adhere to industry standards and regulations leads to an accident. This includes ensuring that all vehicles in their fleet are properly maintained and that all drivers are adequately trained and certified.
The Truck Manufacturer
If a defect in the truck’s design or manufacturing contributed to the accident, the truck manufacturer might be liable. This could include faulty brakes, engine problems, or issues with the truck’s tires that cause the driver to lose control.
The Truck Parts Manufacturer
Similar to the truck manufacturer, parts manufacturers can be held liable if a defective part they produced fails and leads to an accident. This could involve anything from defective steering components to faulty braking systems.
Third-Party Companies/Independent Contractors
If third-party companies or independent contractors were involved in loading the truck, maintaining the vehicle, or other aspects of its operation, they could also be held liable if their actions contributed to the accident.
Other Drivers
In some cases, other drivers on the road may contribute to a truck accident, whether through reckless driving, sudden lane changes, or other negligent actions. Their behavior and its impact on the accident will be scrutinized as part of the liability investigation.
Can More Than One Party Be At Fault?
In Florida, the concept of modified comparative fault applies, which means that each party involved in an accident can be held responsible for their percentage of fault. Under this rule, a victim can still seek compensation even if they are partially at fault for the accident, but their compensation will be reduced by their percentage of fault. For example, if a victim is found to be 20% at fault in a truck accident and the total damages amount to $100,000, they would be eligible to receive $80,000. However, if the victim is found to be more than 50% at fault, they would not be able to recover any damages under Florida’s modified comparative fault law.
Understanding the complexities of liability in truck accidents and the implications of Florida’s modified comparative fault law is crucial for anyone involved in such an incident. Hiring a qualified truck accident lawyer can help navigate these complexities, ensuring that all responsible parties are held accountable and that victims receive fair compensation for their lost wages, medical expenses, and other damages resulting from serious injuries.
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Damages You Can Claim After a Truck Accident
After a truck accident, understanding the types of damages you can claim is crucial for ensuring you receive the compensation you deserve. The impact of such incidents can be devastating, often resulting in serious accidents with long-lasting effects. Here’s a breakdown of the damages you might be entitled to claim:
Medical Bills
One of the most immediate concerns following a truck accident is the coverage of medical bills. This includes all medical expenses incurred as a result of the accident caused by the commercial truck, from emergency room visits and hospital stays to rehabilitation costs and ongoing medical care. You can claim compensation for both current and future medical expenses related to injuries sustained in the accident.
Bodily Function
If the accident results in the loss or impairment of an important bodily function, you may be entitled to significant compensation. This type of damage addresses the impact of the injuries on your daily life and your ability to perform normal activities.
Non-Economic Damages
Beyond tangible expenses like medical bills, you can also claim non-economic damages. These are intended to compensate for the pain, suffering, emotional distress, and loss of enjoyment of life resulting from serious accidents. While these damages are more subjective, they are crucial for addressing the full impact of the accident on your life.
Lost Wages and Earning Capacity
If the accident caused you to miss work or has impacted your ability to earn a living, you can claim compensation for lost wages. Furthermore, if your injuries prevent you from returning to your previous employment or from working altogether, you can also seek compensation for lost earning capacity.
Property Damage
In addition to personal injuries, you can claim compensation for any damage to your vehicle or personal property as a result of the accident with the commercial truck.
Punitive Damages
In cases where the trucking company’s or driver’s actions were particularly reckless or egregious, you might be eligible for punitive damages. These are not related to your direct losses but are intended to punish the negligent party and deter similar conduct in the future.
It’s important to note that calculating the full extent of your damages and navigating the legal process can be complex, especially when dealing with large trucking companies and their insurers. Seeking the assistance of an experienced attorney can help ensure that all potential damages are considered and that you receive fair compensation for the harm caused by the truck accident. An attorney can also help establish the trucking company liable for the accident and guide you through the process to sue the trucking company if necessary.
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Do You Sue the Truck Driver or the Trucking Company in a Truck Accident? FAQ
How does a trucking accident differ from a car accident when deciding who to sue?
Trucking accidents often involve additional considerations compared to car accidents, such as trucking service regulations and the trucking company’s responsibility to ensure proper maintenance and safe operation of their vehicles. While in car accidents, you typically sue the other driver, in truck accidents, the trucking company’s liability often comes into play due to factors like employment relationships and regulatory compliance.
Are truck drivers always considered employees of the trucking company, making the company liable?
Not always. Some truck drivers are classified as independent contractors rather than employees, which can affect the trucking company’s liability. However, even if a driver is an independent contractor, you may still be able to sue the trucking company under certain conditions, such as if they failed to enforce service regulations or did not properly maintain the truck, leading the driver to lose control.
How can a personal injury attorney help in a truck accident case?
A personal injury attorney can help by investigating the accident, identifying all potentially negligent parties, and determining the best course of action to seek compensation. They can handle all aspects of your truck accident lawsuit, from gathering evidence and consulting experts to negotiating with insurance companies. It is important to remember that even your own insurance company is driven by profit which means paying you as little as possible.
How much does it cost to hire a truck accident lawyer?
The truck accident lawyers at The Law Place work on a contingency fee basis. This means you pay nothing upfront and we only take a percentage of your settlement if it is successful. You can never be left out of pocket for seeking help from us.
From the initial call to updates on your case status, we are here to get you answers.
Consult The Law Place Truck Accident Lawyers Today
Have you or a loved one been involved in a big rig accident? Did it result in serious injury or wrongful death? Sue the company or the driver for damages and get the peace of mind you deserve.
Consult The Law Place accident attorneys today.
Our team of qualified truck accident lawyers has a combined experience of 75 years, ensuring a thorough and speedy case investigation on your behalf. The Law Place offers a free case evaluation with a qualified attorney who will explain what damages you may be able to claim and from who.
Make sure responsible parties are held accountable. Schedule your free consultation to start on your road to justice now.
Call The Law Place today at (941) 444-4444.
