Florida truck accidents can lead to severe injuries, property destruction, and complicated legal situations. One of the biggest reasons these create complications in a lawsuit is that it’s hard to know who to hold responsible. Should it be the driver or the trucking company? Determining the answer to this question is critical so that you can fight for the entire compensation you deserve. It’s not always easy to figure out, and it often requires a full investigation and some critical thinking.
Overview of Truck Accident Liability
The first step to figuring out who is liable in a truck accident is to understand truck accident liability in the legal sense. This term refers to a party’s legal responsibility for losses that have occurred as the result of a crash. A passenger car accident tends to be straightforward when it comes to liability. The person behind the wheel is the one who caused the losses, through negligence or otherwise. However, with a truck accident, often several parties hold liability. These parties can include:
- The truck driver
- The trucking company or employer
- The cargo company
- The manufacturer
The concept of who’s at fault in a truck accident works through the theory of vicarious liability. This means that although the trucking company wasn’t actually behind the wheel, you can fight to hold it responsible for actions it took or did not take prior to the collision. A victim may also invoke the concept of respondeat superior, which is a legal term that means a victim may pursue damages from the employer if the driver caused the crash while performing job-related duties.
The Federal Motor Carrier Safety Administration (FMCSA) sets safety standards for commercial trucking. Trucking companies are responsible for enforcing these standards with their drivers. Any violations can open a trucking company to lawsuits and help support your claim.
When Is the Truck Driver Personally Liable?
A truck driver who crashes into another car can be held liable when their actions are negligent. These situations can include situations when the driver was:
- Under the influence of drugs or alcohol
- Speeding, tailgating, or ignoring traffic laws
- Distracted by a cell phone or other non-driving activity
- Operating the truck outside of company authorization
- Using the truck for personal reasons outside of job duties
- Ignoring the FMCSA hours-of-service rules
Lastly, the driver might not be considered an employee if they are an independent contractor. This means they likely carry their own liability insurance, and the trucking company can avoid liability altogether unless it has negligent actions of its own. In this case, only the truck driver is liable for the accident.
When Is the Trucking Company Liable?
You can hold trucking companies liable for an accident under many different circumstances. The key factor for their liability is that their negligent actions before the accident are part of what led to it. This can look like:
- Negligent hiring or training
- Inadequate vehicle maintenance
- Failure to conduct vehicle inspections
- Violating FMCSA rules
- Unrealistic delivery schedule
Companies with trucks involved in the accident often try to distance themselves from the driver. They’ll argue that the driver was an independent contractor or that they acted against company procedures. However, when this fails, these companies usually have commercial insurance policies. These policies cover high-value claims and offer compensation for injuries, lost income, medical expenses, and more. They also come with experienced insurance adjusters who use clever tactics to minimize or deny your claim. That’s why it’s critical to seek a lawyer who understands truck accident lawsuits.
Dual Liability: When Both the Driver and Company Share Fault
Although there are many times when the truck driver or the trucking company is at fault, they can also share responsibility. This is called dual liability and happens when both parties act out of negligence. This can happen for several different reasons. For instance, perhaps the driver was texting, but the company never trained them on cellphone policies. Or the driver fell asleep at the wheel because the company forced them to drive long hours, which went against FMCSA rules. Or maybe the driver was speeding through a storm, and maintenance requests had been ignored, causing the truck to struggle more than it should on the slippery roads. In each scenario, there is an apparent fault on both parties.
To build a strong case, it’s essential to show how both parties’ actions caused the crash. Many pieces of evidence can help you successfully do this, such as:
- Black box data
- GPS data
- Maintenance and inspection records
- Driving logs
- Dispatch communications
- Eyewitness testimonies
- Industry expert testimonies
Trucking companies will work hard and quickly to dispose of as much evidence as possible before you can obtain it. One of the best things you can do to help your claim is to hire an experienced lawyer right away. They can force the trucking company to hold on to the evidence so that it can be used in your case.
Discover How Jurewitz Law Group Injury & Accident Lawyers Can Help
It’s hard to figure out whether the truck driver or the trucking company should be held responsible for your injuries or if they should both be held liable. However, it’s crucial to determine this because liability plays a massive part in how much the insurance company will pay you, which one is responsible for paying, and who you need to include in your truck accident lawsuit.
These are confusing questions, and you’re already dealing with a lot of stress as you recover from your injuries. At Jurewitz Law Group Injury & Accident Lawyers, we understand what you’re going through and are here to make the legal battle as easy as possible for you. We’ll investigate the accident, identify all liable parties, and fight to hold them accountable while you focus on recovery. Don’t hesitate to reach out if you’ve suffered injuries in a truck accident. Contact us today at (619) 233-5020 to get started with your free initial consultation with an experienced and compassionate attorney.
