The Complexities Of Fault In A Trucking Accident
Brian O Sutter
Accident Lawyers
When you’re involved in an auto accident, it can put your entire life into chaos. Recovering from your physical and mental injuries can be a challenge, and it’s even more difficult when you consider the financial burden accidents can place on you. That’s why seeking compensation for injuries if your accident was caused by someone else is so important. But if you’re involved in an accident with a commercial truck, things can become even more complex. There are numerous aspects to this that need to be considered, and understanding the basics is a key first step in making sure that you know what to expect. Just the question of fault and proving it will be more complex in trucking accidents. Let’s look at some of these complexities now.
Proving Fault
Under Florida law, you’re required to show fault in order to seek financial compensation for your injuries. This means that you must show that the driver of the other vehicle acted in a reckless or negligent manner and that those actions led directly to your injuries.
In a trucking accident, determining fault is often something that involves numerous steps and that could be dependent on many things beyond what would be considered in a basic passenger car accident. For example, the number of hours that a driver is allowed to drive in one session or in one work week are both heavily regulated. Drivers must keep logs of those hours and if they exceed them, they can be held responsible for accidents that occur.
Attorneys can also use things like black box data from the truck to look at what occurred leading up to the accident, past histories of the driver or the company, and more. The bottom line is that there is a lot that goes into proving fault, and when trucking accidents occur those factors are more complex.
Additional Fault
But one of the biggest differences under Florida law where trucking accidents are concerned is just who can be held at fault. While the driver is the obvious holder of blame, it’s important to understand that the trucking company that employees them could be held at fault as well. Here are some points to consider:
- If the trucking company doesn’t require the driver to keep an accurate log of their driving hours or forces them to work in a way that exceeds the legal limit of hours, the company may be at blame.
- Poorly maintained vehicles can be part of the problem as well. If a vehicle isn’t cared for in the right way, the trucking company may be responsible for the accident.
- Setting unrealistic expectations for drivers could be a factor in an accident too. Tight delivery times that lead to the driver operating the truck at a high rate of speed, for example, could be something that the trucking company is responsible for.
In short, your accident may seem cut and dry, but a number of underlying factors may exist that could mean that you’re entitled to a higher level of compensation and that the trucking company itself may be to blame in some way.
Increased Challenges
However, that increased level of fault means that trucking companies often fight against personal injury cases in a big way. They employ large numbers of legal professionals to help reduce your chances of getting compensation, and often use stall tactics or low settlement offers to try to close the case quickly.
Our team can help. We’re prepared to stand up to the trucking companies and go all the way to trial if we need to. If you want to get the kind of compensation you’re really owed, our team is ready to fight for you. Contact us today to learn more and to get your free case evaluation.