Understanding Florida Truck Liability: What You Need to Know
Has a truck accident in Florida turned your life upside down? After a crash, you are likely to have more questions than answers. Who caused it? Who’s legally responsible? How do you begin to hold someone accountable when so many people and companies are involved in what happened?
Truck accidents in Florida are common, often occurring on interstates or intersections. However, each crash has unique challenges because they’re usually more serious, complicated, and involved than general car accidents. That’s why understanding how liability works is essential if you’ve been harmed or lost someone in a collision with a commercial truck.
Read on to walk through key issues, from how fault is determined (and why it’s essential) to why multiple companies may be involved, and what you can do about it to ensure a positive outcome.
What makes Florida truck accident liability complex?
In a typical car accident, you usually deal with two drivers, two insurance companies, and one clear point of impact. But a truck crash? A commercial truck may be owned by one company, operated by a driver from another company, loaded by a third party, and insured by a separate corporation. And if something goes wrong mechanically, like the brakes fail or a bolt falls off, it could involve a manufacturer or a repair shop.
It’s not just about who was behind the wheel. It’s about every hand that touched the truck before it reached the road, and everyone involved in something going wrong.
Who can be held liable in a Florida truck crash?
Florida law allows injury victims to pursue compensation from anyone whose negligence contributes to the crash, which could include:
- The truck driver, especially if they were speeding, distracted, or driving while impaired or exhausted.
- The trucking company, for pressuring the driver to meet unrealistic deadlines or failing to maintain the vehicle or train the driver correctly.
- A third-party contractor responsible for loading the cargo, if it shifted during transport and caused the truck to lose control.
- The truck’s maintenance team if they neglected critical repairs or sent the truck out after a failed inspection.
- The manufacturer, in cases where defective parts caused the crash.
It’s not unusual for several parties to share liability for a trucking accident. The more people are involved, the more complicated and drawn-out the legal process becomes.
How is fault determined in a Tampa truck accident?
Proving fault in a truck accident takes more than a police report, no matter how extensive. It involves a detailed, thorough investigation, including evidence the average person wouldn’t know to request.
An experienced legal team will gather information, such as:
- The truck’s event data recorder (a device like a black box) reveals speed, braking, and driving time.
- Driver logs and records confirm whether the driver followed hours-of-service standards.
- Maintenance records and inspection histories for the truck.
- Statements from witnesses, pictures of the scene, and video footage from traffic and dash cams.
Accident reconstruction experts may be brought in to analyze skid marks, provide expertise about impact angles, and examine vehicle damage to determine what happened.
Common causes of truck accidents in Florida
Many factors could lead to a truck crash, but specific patterns show up repeatedly.
Driver fatigue is a significant issue. Even though federal law limits the number of hours truckers can spend behind the wheel, it’s not uncommon for drivers to push those limits or for companies to turn a blind eye.
Other frequent causes include speeding, distracted driving, improper cargo loading, mechanical failures, and poor maintenance. Florida’s mix of heavy traffic, long highway stretches, and sudden rainstorms adds to these risks.
Understanding what caused the accident is step one in determining who’s liable.
Damages in a Tampa truck accident: What you can recover
Truck accidents cause severe injuries or even fatalities, meaning financial fallout can be overwhelming. If you were injured due to someone’s negligence, or if a loved one died in a crash, you may be able to recover financial help for:
- Medical expenses, including ongoing or future care for ailments like traumatic brain injuries
- Lost wages and loss of future earning abilities
- Pain and suffering, physical and emotional
- Property damage to your vehicle and belongings
- Wrongful death, if a loved one was killed in the crash (which offers damages for the loss of support, guidance, and services a loved one provided)
Every case differs, and your damage depends on how the accident affected your life, not just financially, but mentally, physically, and emotionally.
Why multiple parties may share fault in a trucking collision
Picture this. A truck driver ran a red light, but they were driving overtime because their employer threatened to cut their routes. The company also hasn’t serviced the brakes properly, and it was later discovered that the cargo was loaded unevenly, causing the truck to lean.
In this situation, several people would share fault. Under Florida law, they could all be held financially responsible for their share of your damages.
That’s why truck accident claims, verdicts, and settlements take considerable time. It’s not just about proving one person made a mistake; it’s about untangling all the pieces and identifying everyone who contributed to the crash.
How Florida’s comparative negligence law affects your case
Florida follows a modified comparative negligence rule. If you’re partially at fault for the accident, your compensation is reduced based on your share of the blame. And if you’re found more than 50% at fault, you will be barred from any compensation.
For instance, if you’re damages total $1,000,000, but the jury finds you 20% responsible, you’d still recover a potential $800,000 from the various defendants.
This is why teaming up with a trucking accident attorney and building a solid case is essential. If the other side can shift some blame onto you, even unfairly, it can reduce your entitlement.
Why you need a lawyer for a Florida truck accident claim
A skilled trucking accident lawyer knows how to act quickly, securing vital evidence before it vanishes while handling communication with the trucking company’s insurer so you don’t have to. They’ll identify every potentially liable party, work with experts as needed, and ensure your claim reflects the significant impact of your injuries.
Insurance companies don’t play fair, especially trucking insurance companies, so contact MattLaw for the legal support and compensation you need after being injured in a Florida truck accident.