Can Trucking Companies Avoid Liability For Accidents?
Mark A. Steinberg
Traffic Accidents
According to the Federal Motor Carrier Safety Administration, 5,096 large trucks and buses were involved in fatal accidents in 2018. Accidents involving trucks often result in life-threatening injuries, if not fatalities. However, proving liability and getting compensation in trucking accidents is often difficult for victims. That is because even when a truck driver is responsible for an accident, there are other parties who may be liable for the damages.When Can Trucking Companies Avoid Liability For Accidents?
Florida’s vicarious liability doctrine states that trucking employers may be secondarily liable for the actions of their employees. To establish a secondary liability claim, you must be able to prove that the driver’s unintentional acts occurred within the scope and course of their employment.
There are many ways trucking companies and their insurance companies try to avoid liability for a trucking accident. One of them involves hiring drivers as independent contractors for the operating trucks (or other heavy equipment) they hire to haul their cargo. So when a truck driver gets involved in an accident, the trucking company can dodge liability by stating that the former is not technically their employee nor do they own the equipment. Thus, the company can argue that they cannot be held liable for the truck driver’s actions and that they are not responsible for the maintenance and repairs of the vehicle.
One more defense a company may opt for is the detour and frolic rule. This is when the employee or truck driver uses the company’s truck for personal purposes, meaning something not related to their job. This is often the case when the truck driver gets into an accident after they clock out of work or take a detour from their official route for a personal matter.
Who Else May Be Liable For A Trucking Accident?
Florida’s vicarious liability tort law allows the victim to hold the manufacturer or a third-party repair company liable in certain instances. A manufacturer may be held liable for a Florida trucking accident if the accident was caused by a defective part. Similarly, if a repairman or trucker hired by the company to repair the vehicle cuts corners or commits a mistake that leads to the accident, they may be vicariously liable for the damages.
What To Do If You Were Involved In A Trucking Accident In Florida
Being involved in a trucking accident is traumatic and may involve serious injuries. If you or someone you know suffered injuries from a trucking accident, you may be entitled for compensation for which you will need a trucking accidents lawyer.
However, as you can see, personal injury cases involving Florida trucking accidents are intricate and often require extensive investigation. Negligence on the part of the truck driver, trucking company, truck manufacturers, or repairmen should not be tolerated. Injuries may cost you your wages or your employment and future income. You may have to deal with pain and suffering, years of therapy, or the loss of a loved one as well. That is why you deserve someone who will not stand down and make sure you get the compensation you deserve.
Contact All Injuries Law Firm today for a free consultation with a Florida personal injury lawyer you can rely on and get your case started.