# How Florida Determines Liability in Truck Accidents | Brooks Law Group ![semi trucks on highway](https://brookslawgroup.com/wp-content/uploads/2024/05/LTB-blog-image-1.jpg) When a car accident happens, one (or both) of the drivers may be at fault. However, how the law determines liability in truck accidents can be complicated. While the truck driver will (in most cases) be held at least partly responsible, commercial vehicle accidents can involve a corporate aspect due to the owner of the truck and/or the goods being transported. So, who is at fault for a truck accident? Ultimately, every truck accident is different, so the answer depends on the circumstances of the incident. In the aftermath of this incident, a [truck accident lawyer in Tampa](https://brookslawgroup.com/tampa/truck-accident-lawyer/) can perform an investigation to help determine who may be liable. If you have been injured in a truck accident and someone else may be liable, now may be the time to meet with a personal injury lawyer with relevant case experience. At this point, your attorney may explore the topic of truck accident liability with you in depth. ## When is a driver at fault in a trucking accident? When an expert determines liability in a truck accident, both the driver *and* the company must be evaluated. Many attorneys will first look at the driver, examining the requirements in their state. Here in Florida, truck drivers are required to follow the rules of the road and keep accurate records. Their goal is to deliver their goods as safely as possible. What does that look like when broken down into specifics? #### Truck Drivers must follow the rules of the road. In Florida, trucking companies must fully vet their drivers. That means checking off a long list of qualifications, including: - drivers must be at least 18-years old (intrastate travel) or 21-years old if they’ll be traveling across state lines - drivers must understand, speak, and read English - drivers must possess a valid CDL (commercial driver’s license) - drivers must have 20/40 (corrected or uncorrected) vision in each eye and the ability to see color - drivers must provide a clean driving history In addition to the long list of qualifications before they hit the road, companies must ensure drivers meet specific requirements *after* they’re on the road. That means adhering to Florida’s Hours-of-Service laws. [You can read more about those here.](https://brookslawgroup.com/blog/trucking-laws-in-florida/) #### Truck drivers must keep accurate records. ![recording device in commercial truck](https://brookslawgroup.com/wp-content/uploads/2024/05/AdobeStock_480697906-300x200.jpeg) Digital recording devices can play a huge role in determining fault in commercial truck accidents! Drivers must strictly follow the Hours-of-Service laws referenced above, due to driver fatigue. To ensure this, the FMCSA (Federal Motor Carrier Safety Administration) requires drivers to keep detailed logs of their hours on the road. Today, electronic recording devices keep these records in the truck’s cab. This ensures drivers or other individuals can’t alter information found on  the devices. Any attempts to change driving logs can be career-ending for a trucker, and could leave trucking companies liable. Look to Brooks!CALL US TODAY [![Phone Icon](https://brookslawgroup.com/wp-content/themes/brooks-law-group/assets/app/img/ctas/phone-icon.png)(800) 529-3030](tel:+18005293030) ## Mistakes by trucking companies: what determines liability in truck accidents not caused by the driver? Not every truck accident is due to a driver falling asleep, using contriband substances (like drugs or alcohol), speeding, or failure to adhere to the safety laws. Sometimes accidents happen due to unforseen circumstances with the truck itself, with the cargo, or extenuating circumstances (like weather.) While weather isn’t controlled by anyone involved, issues with the truck or cargo *can* point at the trucking company. So, when is the trucking company held liable in a truck accident? #### Lack of truck maintenance Trucking companies must maintain their vehicles, with a detailed inspection list for commercial vehicles. During these inspections companies must guarantee that all parts are in proper working order. The inspection includes: - brakes - windshield wipers - all lights (headlights, brake lights, etc.) - dashboard gauges - horn - turn signals - all emergency equipment - underride protection - tires and wheels (mudflaps too!) - engine - clutch and transmission - axels - steering components - cargo-securing equipment If anything is discovered during these inspections and is *not* promptly repaired before allowing a truck to return to operation, a company could be held liable in an accident involving that truck. #### Improperly loaded or poorly secured cargo Both Florida and federal law have specific requirements for commercial trucks. When an attorney determines fault in truck accidents, they examine how the truck’s cargo was loaded. If a truck was overloaded and surpasses weight limits, it can lead to longer braking times, poor control of the vehicle at high speeds, and a higher chance of collision. Cargo that was improperly loaded or poorly secured can fall off the truck, or cause a weight shift, leading to collisions with other vehicles on the road. In all of these cases, the trucking company could be held liable. ## Tampa victims Look to Brooks after a truck accident! Brooks Law Group provides a dedicated team of injury attorneys with the skills and experience needed to build a case for victims like you. We aid victims of commercial truck accidents, seeking out the justice and compensation they deserve and need. Our contingency fee gives victims peace of mind that they can afford quality legal help, as our clients don’t pay unless we win. Even our first consultation with victims is free! Contact us after your truck accident. Tampa Bay victims in need always Look to Brooks. Call or text [(800) 529-3030](tel:+18005293030) or complete a [Free Case Evaluation form](/contact-us/) Commercial Truck Accidents Blog Posts: [![Aerial view of a truck and car crash on a road](https://brookslawgroup.com/wp-content/uploads/2025/09/LTB-Blog-image-1-2-300x251.jpg)](https://brookslawgroup.com/blog/legal-language-matters-using-at-fault-language-in-tampa-truck-crashes/) ### [Legal Language Matters: Using At-Fault Language in Tampa Truck Crashes](https://brookslawgroup.com/blog/legal-language-matters-using-at-fault-language-in-tampa-truck-crashes/) When you hear about a truck "accident" on the news, what comes to mind? Probably an image of an unfortunate but [![Inside Look by Brooks Livestream Podcast - Semi Truck Violations](https://brookslawgroup.com/wp-content/uploads/2021/03/Cover-300x179.jpg)](https://brookslawgroup.com/blog/inside-look-semi-truck-driver-violations-in-2020/) ### [Inside Look - Semi-Truck Driver Violations in 2020](https://brookslawgroup.com/blog/inside-look-semi-truck-driver-violations-in-2020/) Beach III: Good afternoon, everyone, and happy Wednesday! Thank you for joining us on Wednesday’s Inside Look by [![Polk Parkway Fatal Crash Highlights the Dangers of Truck-Related Chain-Reaction Collisions](https://brookslawgroup.com/wp-content/themes/brooks-law-group/assets/app/img/default-thumb.jpg)](https://brookslawgroup.com/blog/polk-parkway-fatal-crash-highlights-the-dangers-of-truck-related-chain-reaction-collisions/) ### [Polk Parkway Fatal Crash Highlights the Dangers of Truck-Related Chain-Reaction Collisions](https://brookslawgroup.com/blog/polk-parkway-fatal-crash-highlights-the-dangers-of-truck-related-chain-reaction-collisions/) How It Happened The recent fatal crash on the Polk Parkway involving a Winter Haven driver is a heartbreaking reminder --- Source: https://brookslawgroup.com/faqs/how-florida-determines-liability-in-truck-accidents/