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Who is Liable in Florida for Truck Accidents?

If you have sustained injuries in a road accident in Florida, one of the first steps that you will take toward getting financial recovery and justice is to determine who caused the accident. Florida law can hold responsible different parties like truck companies and manufacturers under the right circumstances. However, you need to prove that specific parties are liable for the collision to receive financial compensation. Some of the parties that can be held liable in collisions include:

The driver

Unfortunately, the driver is usually responsible for causing the collision. Commercial drivers may make mistakes and errors while driving, which can lead to crashes. In addition, if a driver operates his vehicle recklessly by performing unsafe lane changes, driving while drunk, driving while distracted, and failing to follow traffic signs and rules, they can be held liable for the crash.

Driver’s employer

If a commercial company did not exercise precaution when hiring their drivers, they can be held responsible for any damage caused in a collision. Some companies go against state and federal laws by pressuring their drivers to drive in dangerous weather conditions, for unsafe hours, or take fewer breaks. In addition, some companies may fail to conduct thorough background checks on drivers they want to hire. This can make drivers who have reckless driving habits end up behind the wheels of tractor-trailers.

Furthermore, if a company does not conduct routine inspections on their vehicles or fails to adhere to the recommended maintenance schedule, they may be held responsible if parts of the vehicle become faulty and cause a collision.

Cargo Companies

Cargo companies depend on trucking companies and their drivers to transport their merchandise from one point to another. In the process, some companies may ignore safety standards. For example, a cargo company may overload a trailer or improperly load products to transport more on each trip and cut down transportation costs. An unbalanced load may make it difficult for the driver to maintain control during an emergency and can cause the vehicle to tip over and cause a crash.

Vehicle manufacturer

Defective vehicle parts commonly cause trailer crashes. In addition, poorly designed parts or design flaws can cause mechanical issues which can cause collisions. This can make a manufacturer liable for damages in the collision. To prove that the manufacturer is liable, you need to hire a lawyer who can help you obtain maintenance logs of the trailer, product recalls and other relevant documentation to find out if your collision was caused by faulty equipment.

A vehicle repair shop

Some vehicle repair shops can perform negligent repairs, which presents the same risks as defects. If you or a driver lost control of his or her vehicle because of a negligent repair, then the shop that performed the repair can be held liable for the collision.

The other driver’s insurance company

If your vehicle collided with another vehicle, the other driver’s insurance company can be held responsible for covering your accident-related losses. Make sure to get that type of insurance at the scene of the accident. You don’t want to be subject to their insurance claiming that it wasn’t their fault. 

Other third parties or road authorities

Fatal crashes can also be caused by bad roads or passenger negligence. If a badly maintained road contributes to causing a crash, then the parties that can be held legally responsible include government agencies and municipalities, and landowners responsible for the premises where you got injured. In addition, private companies that were hired to design or build roads for the government can be legally responsible for your losses if they violated their duty to maintain roadways properly.

Conclusion

When determining who is liable for causing your crash, it is important to retain a qualified attorney at Kogan & DiSalvo in Florida who has handled cases involving truck accidents before. The attorneys there can build a very strong case to ensure you get maximum financial compensation. 

Ana Hoffman
Anna Hoffman is a part-time blogger who writes on Business, Technology, Digital Marketing, Real Estate, Lifestyle, and Educational topics.
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