If you’ve been in a commercial vehicle accident, perhaps the question foremost on your mind is: “Who’s fault is it?” We understand your need for answers. That’s why Brooks Law Group specializes in determining liability in commercial vehicle accidents and advocating for clients’ rights. In addition to proving fault, we must provide necessary evidence to back up those claims, and know how to build a case that secures the compensation you need and deserve.
Commercial vehicle accidents aren’t as straightforward as a standard car collision. Why? There are usually multiple parties involved. Each must be investigated for their role in the accident, if any. As Central Florida’s trusted truck accident attorneys, we begin by looking at:
Who holds liability in commercial vehicle accidents?
Proving liability in commercial vehicle accidents begins by investigating the truck or van involved in the crash. Attorneys will examine:
The Driver
The commercial vehicle driver is often the first party we look at in an accident case. If the driver was negligent—for example, driving under the influence, speeding, or violating traffic laws—they could be held responsible for injuries and damages. Additionally, driver fatigue or distracted driving may also play a significant role. Proving fault usually requires reviewing the driver’s actions leading up to the accident, poring over witness statements and police reports, and reviewing the vehicle’s data (if there is any.)
The Trucking Company
Employers can be held responsible for the actions of their employees under the legal principle of “respondeat superior.” If a truck driver was acting within the scope of their employment, the trucking company might share liability in commercial vehicle accidents. Additionally, trucking companies can be directly liable if they didn’t:
- Properly vet and (or) train their drivers
- Maintain their vehicles and keep them up to safe standards
- Comply with federal and state safety regulations as they pertain to commercial vehicles
The Vehicle Manufacturer (Yes, they can hold liability in commercial vehicle accidents.)
Sometimes, a defect in a truck (or van) itself contributes to an accident. Faulty brakes, defective tires, or other mechanical issues can lead to catastrophic crashes. In such cases, the manufacturer of the vehicle or its parts may be held accountable under product liability laws. Identifying these issues often requires expert analysis and thorough investigation, and means you need an attorney with experience in proving liability in commercial vehicle accidents.
Employees Who Loaded Cargo
Maintenance providers can hold liability in commercial vehicle accidents.
Improperly loaded or overloaded cargo can make a commercial vehicle unstable, increasing the likelihood of an accident. If the accident was caused by cargo shifting or falling within the truck or van, the company or individuals responsible for loading the truck may be liable. Detailed records and witness testimony can help determine if improper loading practices were to blame.
Maintenance and Service Providers
Regular maintenance is crucial for ensuring that commercial vehicles operate safely. If a third-party maintenance provider (like a local mechanic) fails to perform adequate inspections or repairs, they could be held responsible if mechanical failure contributed to the accident. Maintenance logs and service records for the vehicle in question are critical pieces of evidence in such cases.
Once liability is determined, the next step of the legal process begins: pulling evidence to prove fault.
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What kind of evidence is needed to prove fault in commercial vehicle accidents?
While each commercial vehicle accident is unique, they do share some commonalities – one of these being evidence needed to prove fault. When determining liability in commercial vehicle accidents, many truck accident attorneys will request:
- all information from the vehicle’s “black box”; these are also known as EDRs (Event Data Recorders)
- police reports
- witness statements
- photos of the accident scene
- any video footage taken by witnesses, individuals involved in the accident, or investigators
- reports by accident specialists (reconstruction teams, analysts, etc.)
- maintenance records of the commercial vehicle in question
- records from the driver’s employer (history with the company, completed training, etc.)
- the driver’s records (any prior accidents on record, tickets, etc.)
While not comprehensive, the above information is a launching point for attorneys seeking to prove liability in commercial vehicle accidents. Once the needed evidence is gathered, building the case begins.
Brooks Law Group helps injured individuals prove liability in commercial vehicle accidents.
As commercial vehicle accident attorneys serving the greater Tampa Bay Area, the team at Brooks Law Group is skilled in proving liability in these collisions and helping injured individuals get the compensation they need and deserve. We pull together evidence, Florida law, federal law, information specific to your accident, and your own medical records and personal statements to build a case you can stand on in court. We fight for your rights, advocating for your best interests throughout your legal battle. You’re never alone when you choose our team to take on your case.
Worried about affording legal help while staring at your growing pile of medical bills? You don’t pay unless we win, thanks to our contingency fee and free consultations. We put people first in our practice, making sure all are given equal opportunity to receive help when they need it most. We have offices conveniently located in Winter Haven, Lakeland, and Tampa, and are proud to serve a long list of cities throughout the Bay area.
Don’t look in all the wrong directions for assistance after your accident. Choose the team that will fight for you until the case is won. Look to Brooks!
Call or text 800 529 3030 or complete a Free Case Evaluation form
