All You Need To Know About Fault In A Trucking Accident Case
Brian O Sutter
Traffic Accidents
Being involved in any kind of accident can change your life and leave you struggling to pick up the pieces and move on. But when it comes to accidents on Florida roads, few are as dangerous or as impactful as trucking accidents.Since commercial trucks are larger and heavier than a passenger car, it’s easy to understand why the damage done when they collide will leave those in the smaller vehicle seriously injured in most cases. But if the accident was caused through fault or negligence, you may have the right to file a trucking accident personal injury case and seek restitution. However, fault and negligence can be confusing when it comes to these types of cases. Taking a closer look at all the variables is important.
The Basics Of Fault And Negligence
Under Florida law, those who can show that they were hurt due to the reckless or negligent actions of another can file a lawsuit to get compensation. But what exactly does that mean? In automobile accidents, it can include a wide range of things including:
• Speeding
• Driving recklessly
• Driving drunk or on drugs
• Texting while driving or driving while distracted
For truckers, there are also various federal laws that must be followed to improve safety. If these aren’t followed, negligence is considered to be present as well. Some examples include a limitation to the hours or miles that a trucker is allowed to drive over a set period of time.
Proving Fault
While it’s easy enough to understand the basics of fault, what isn’t easy is proving fault – especially in a trucking accident. You’ll have to show the courts that the driver acted in a negligent or reckless manner, which is something that can be harder than it should be. As such, using a personal injury lawyer is usually the best option.
Some ways that fault and negligence can be proven include things like:
• Black box data from the recorder in a truck – most vehicles today have them.
• Driver logbooks
• Mobile phone records
• Accident reports
• Witness statements
• And more
Each case is different, of course, and it’s important that you talk to your lawyer honestly and let them determine the best path to pursue when it comes to showing what you are owed.
How The Trucking Company Impacts Fault And Your Case
There’s another thing to consider when it comes to a trucking accident – the trucking company. In some instances, you may end up showing that the trucking company themselves played a role in the accident. This has two impacts on your case – it can increase the amount of compensation you receive, but it can also make it much harder to get compensation.
Some examples of how a trucking company may be held liable are:
• Forcing drivers to meet quotas that are unsafe and even illegal
• Failure to properly maintain vehicles or trailers
• Poor hiring practices
While it can increase compensation levels, the trucking company will have a deep pocket and plenty of power including legal protection. That means that you’ll need to make sure you have an attorney who will fight for your rights.
Standing Up To The Bullies
Your lawyer needs to be willing to stop the bullying tactics taken by trucking companies. Our team has years of experience in doing just that, and we aren’t afraid to go to trial. Our track record means that you get the respect you need when seeking compensation. If you’ve been involved in a trucking accident, contact us to get your free case review.