A truck driver, a trucking company, a truck manufacturer, a cargo loader, or a truck maintenance company are some of the parties that can be at fault for a truck accident. In certain instances, multiple parties involved in a truck collision share responsibility for the incident.
Talk with a truck accident lawyer in Tampa if you have been injured in a collision involving a semi-truck, a big rig, an 18-wheeler, a tractor-trailer, or another type of large commercial vehicle. Your attorney wants you to focus on your recovery from your truck collision while they identify any responsible parties and, if necessary, pursue compensation on your behalf.
If you proceed with a truck accident claim or lawsuit, your attorney will explore many legal avenues to help you secure compensatory damages for your medical bills, lost wages, and other losses.
Who Can Be at Fault for a Truck Accident in Florida?
The party at fault for your truck accident will be based on the specifics of the incident. Your personal injury lawyer in Tampa can review video footage of the accident, interview witnesses, and take other measures to investigate. They may find that any of these parties is to blame for your accident:
- Truck driver: Similar to other types of motor vehicle accidents, a truck driver can be at fault. Truck driver fatigue, distracted driving, and failing to comply with traffic laws or hours-of-service rules or other Federal Motor Carrier Safety Administration (FMCSA) regulations can all result in the truck driver being responsible for causing an accident.
- Trucking company: Many trucking companies do thorough background checks on all of their truck drivers, ensuring that these drivers are properly trained and aren’t over-scheduled. If a trucking company fails to vet its truck drivers and one of them causes an accident, the business could be held responsible.
- Truck manufacturer: If a truck’s brakes or other components are defective, a truck driver may end up getting in an accident caused by mechanical failures. In these instances, the vehicle manufacturer could be at fault for the trucking accident.
- Cargo loader: If a truck is overloaded or not loaded properly, an accident can happen, and the company that placed the cargo onto the vehicle may be at fault for the incident.
- Truck maintenance provider: If a truck maintenance company ignores safety regulations and fails to take appropriate measures to repair a defective vehicle, the business could be liable for an accident.
Personal injury attorneys can provide insights into how Florida determines liability in truck accidents and other legal topics relating to your case.
Depending on your situation, they may advise you to seek compensation from anyone who may be at fault for your truck accident via an insurance claim or a personal injury lawsuit.
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What Forms of Compensation Can I Recover After a Truck Accident?
One or more parties may be responsible for your losses from your truck accident. Your truck collision lawyer can examine your accident losses. From here, they may encourage you to ask any liable parties for various types of damages in your personal injury case, including:
- Medical bills
- Lost wages
- Diminished earning capacity
- Vehicle repair or replacement costs
- Emotional distress and other pain and suffering
- Loss of enjoyment of life
If you want to file a lawsuit for these damages against anyone who may be responsible for your truck accident, you generally have to do so in alignment with Florida’s personal injury statute of limitations.
Per Florida Statutes § 95.11, the statute of limitations for most personal injury lawsuits is two years.
How Can I Prove That Someone Else Is at Fault for a Truck Crash?
Truck accident lawyers can help you gather witness statements, a truck’s maintenance records, truck driver logs, police reports, a truck’s electronic logging device (ELD) or black box data, video footage of your crash, and other forms of evidence. If your attorney has relevant proof, they may be well-equipped to prove negligence.
If your case reaches trial, your lawyer will highlight how a duty of care was violated, which contributed to your truck crash, injuries, and damages. They can also use your medical bills, pay stubs, and other financial documents to show a judge or jury how the accident is impacting you financially.
Florida has a modified comparative negligence rule, which can affect your case outcome. With comparative negligence in Florida, if you sue someone for a truck crash and are found to be 1-50% at fault, you can still receive damages, but these will be reduced by your percentage of liability. Alternatively, if you’re 51% or more liable, you cannot recover damages.
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Learn More About Who Can Be Liable for a Truck Accident
Truck accident cases tend to be complicated. If you’re unsure who may be at fault for your truck accident, now is the time to get legal help. Talk with truck accident lawyers, and they may discover that your accident is the result of truck driver negligence or another party’s negligent acts. If so, your attorney may be able to assist you with a truck crash claim or lawsuit.
As you evaluate your legal options after a truck accident, Look to Brooks®. The team at Brooks Law Group has over 100 years of combined experience. We can examine your case and who may be at fault for your truck collision. Next, we may guide you through the process of requesting compensation for your accident losses.
Our personal injury attorneys have a passion for helping people. While you recover from your truck accident and injuries, our lawyers will look for ways to get you compensation for the harm that you’ve suffered. For more information, request a free case consultation.
Call or text (800) 529-3030 or complete a Free Case Evaluation form