Shared Liability in Truck Accident Litigation in Florida
Louis Berk was born in Caracas, Venezuela, where he lived with his parents and younger sister. In the summer of 1994, his parents made the life-changing decision to relocate to the United States.
Truck accidents can have catastrophic consequences, involving significant damages to the parties involved. A truck is a huge vehicle, and thus, the damages incurred are quite serious. In the occasion of such an accident, it becomes important and tricky to find out the liable parties. In Florida, understanding which parties are potentially involved in a truck accident becomes an important part of a truck accident litigation. The liability of a truck accident is usually shared between different parties. But because of the complexities involved, you need an experienced personal injury lawyer to help you guide you through the process to receive the compensation you deserve.
In this article, you will learn about the complexities of the liability of truck accident cases, which, more often than not, goes beyond the driver, and more than one entity may held accountable.
What Makes Truck Accidents Different?
Truck accidents differ significantly from car accidents in a lot of factors. The first and the most obvious reason is the size of the vehicle. As trucks are massive vehicles, accidents involving them can create havoc and incur significant injuries, even death, to the people involved.
Also, all truck drivers in Florida must abide by the regulations that the FMCSA (Federal Motor Carrier Safety Administration) set forth. These regulations govern factors such as driving hours, load limits, etc. If these are violated, then the assessment of liability is significantly impacted.
Another major factor differentiating truck accidents from others is the number of parties that can be held liable. In some cases, the accident can implicate multiple parties, including trucking companies, cargo loaders, maintenance contractors, and even vehicle manufacturers. Thus, truck accident litigations are extremely complex, and if you are injured or involved in a truck accident, you need a skilled and professional personal injury lawyer who will help you get justice and the compensation you deserve.
Liability in Truck Accident Litigation
As mentioned, truck accident litigations can involve more than one party, and every party might be held responsible for contributing significantly to the truck accident.
The Role of the Truck Driver
The driver is often the first individual scrutinized for liability in a truck accident case. Negligence on the driver’s part may include speeding, distracted driving, and driving under the influence. If the driver is found guilty of these or if they are found violating traffic laws, they may be held accountable. The driver is often an employee of a trucking company. In such cases, the possibility of the involvement of more than one party increases.
Liability of the Trucking Company
In some cases, the liability can also be shared by the trucking company. They should look after whether their drivers are licensed and adequately trained. They are also responsible for ensuring the vehicles they deal with are properly maintained and carefully loaded. If they fail to ensure these and the accident happens due to that, the trucking company can be held liable for their negligence.
Repair Contractors and Third-party Maintenance
Sometimes, the maintenance and repair work of the truck is outsourced to third-party contractors. Thus, if the accident occurs due to malfunctioning equipment or a mechanical failure, then the third-party contractor may be held responsible for the accident and be subject to liability.
Cargo Loaders and Shippers
At times, improperly loaded cargo can also lead to an accident. This happens because the truck can become unstable or unbalanced. Cargo loaders have the responsibility of loading and securing the cargo correctly. If the accident occurs due to improperly loaded cargo, the loaders may share liability in a truck accident case in Florida.
Vehicle Manufacturers and Suppliers of Parts
Defects in vehicle or its components can also result in truck accidents. In such cases, the manufacturers or suppliers of defective parts can also be held liable for the accident.
Government Entities and Road Maintenance
Sometimes, truck accidents may also happen due to poor signage, poor road conditions, or other defects in the roadway. In such cases, the liability for the truck accident is shared by the government entities responsible for road maintenance and safety.
Comparative Negligence in Florida
In 2023, the state of Florida modified its comparative negligence laws. Under the new system, if the plaintiff is found to be more than 50% responsible for the truck accident, they will not be able to recover any damages.
Conclusion
In Florida, the liability for truck accidents goes beyond just the driver. There can be many other parties involved and thus liable for the accident. Due to the complexities involved in truck accident cases, you need an experienced Orlando accident attorney to guide you through the entire process, from filing a claim to receiving a fair amount as compensation.