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Trucking accidents are often catastrophic, leaving victims with severe injuries, significant property damage, and emotional trauma. Due to the complexity of these accidents, determining liability can be challenging. Unlike standard car accidents, trucking accidents involve multiple parties, from the truck driver and trucking company to manufacturers and cargo loaders.
In Florida, a state with bustling highways and frequent commercial trucking activity, understanding liability is crucial for victims seeking compensation. This comprehensive guide will explore how liability is determined in Florida trucking accidents and what victims need to know to protect their rights.
Florida follows a comparative negligence system, meaning liability can be shared among multiple parties based on their percentage of fault. Even if you are partially responsible for the accident, you can still recover damages, but your compensation will be reduced by your degree of fault. For instance, if you are 20% at fault and awarded $100,000 in damages, you will receive $80,000.
This rule underscores the importance of gathering evidence to accurately determine each party’s role in causing the accident.
The truck driver is often the first party scrutinized in a trucking accident. Common causes of driver negligence include:
Evidence such as driver logs, onboard electronic data (black box), and dashcam footage can help establish the truck driver’s liability.
Trucking companies are legally obligated to hire qualified drivers and ensure their trucks are maintained and safe for the road. They can be held liable for:
In Florida, trucking companies may also face vicarious liability, meaning they can be held responsible for the actions of their employees while performing job-related duties.
Defective truck components, such as brakes, tires, or steering systems, can cause accidents. In such cases, the truck manufacturer or the manufacturer of the faulty part may be liable under product liability laws. Evidence of manufacturing defects or recalls can strengthen your trucking accident claim.
Improperly loaded or overloaded cargo can destabilize a truck, increasing the risk of rollovers or jackknife accidents. Liability may fall on the shipping company or cargo loaders if:
Other drivers, pedestrians, or even road maintenance crews may share responsibility for a trucking accident. For instance, a car cutting off a truck or poorly maintained roadways can contribute to an accident.
Establishing liability requires a thorough investigation, often involving multiple sources of evidence. Key factors include:
Identifying all potentially liable parties is essential, as focusing solely on the truck driver may overlook other responsible parties like the trucking company or cargo loaders.
Critical evidence such as black box data, driver logs, and maintenance records may be in the possession of the trucking company. An experienced attorney can issue subpoenas to secure this evidence.
Trucking companies must comply with regulations set by the Federal Motor Carrier Safety Administration (FMCSA) and Florida state laws. Violations of these regulations, such as exceeding weight limits or ignoring hours-of-service rules, can significantly impact liability determinations.
Trucking companies and their insurers often have aggressive legal teams working to minimize payouts. Negotiating with these entities requires strong legal representation.
Victims of Florida trucking accidents may be entitled to compensation for:
Navigating a trucking accident claim in Florida requires a deep understanding of Florida law, federal trucking regulations, and complex evidence. An experienced Miami personal injury attorney can:
Determining liability in a Florida trucking accident is a complex process that involves examining evidence, understanding federal and state laws, and potentially holding multiple parties accountable. If you or a loved one has been injured in a trucking accident, seeking legal representation is crucial.
At Wolfson & Leon, our experienced team of Miami personal injury attorneys is dedicated to helping victims recover the compensation they deserve.
Let us help you get back on the road to recovery. Call (305) 285-1115 today, and our team will handle your case with the personal care and attention your case requires.