When trucking accidents happen, they often result in severe and life-threatening injuries. Indeed, as the Insurance Institute for Highway Safety (IIHS) explains, a majority of the deaths that occur in truck collisions are occupants of smaller passenger vehicles since semi-trucks typically weigh about 20 or 30 times as much as a passenger car. In addition, large trucks are significantly taller than most passenger vehicles, which means they have greater ground clearance and can be involved in underride accidents. While some truck accident claims are personal injury lawsuits filed by the injured motorist, many of these claims are ultimately wrongful death lawsuits since the injured victims sustains fatal injuries in the collision.
If it is necessary to file a truck accident lawsuit, who can be sued? In other words, who is responsible or at fault for a Florida truck accident? The answer to that question can depend on a number of different factors, and sometimes more than one party is at fault for the crash. Ultimately, you should speak with a Florida truck accident lawyer who can assess your case to determine likely liability for the collision. In the meantime, we want to provide you with some questions you can consider in determining who may be responsible for a truck accident.
Did the Truck Driver Err in Some Capacity?Â
Driver error is one of the most common causes of trucking accidents in Florida and across the country. If the truck driver’s error caused the accident, or was one factor in causing the crash, you may be able to file a claim against the driver. Common examples of truck driver error include distracted driving, drowsy or fatigued driving, aggressive driving, and intoxicated driving.
Was the Truck Properly Maintained?Â
If the vehicle was not properly maintained, that poor maintenance or lack of maintenance may have been the cause of the collision. If the truck owner or the employer failed to have the truck serviced in a timely manner, then the truck owner or the truck driver’s employer may be liable for injuries in a crash. In some cases, however, the mechanic performed negligent service on the truck. In such a case, it may be possible to sue the negligent mechanic or the mechanic business.
Was the Truck Bed Properly Loaded?Â
Sometimes a trucking accident can result from an improperly loaded truck bed, which can lead to braking problems or can even result in a tire blowout and a resulting collision. If the truck bed was loaded improperly, the company responsible for loading the truck bed may be at fault for injuries that resulted from the accident.
Contact a Florida Truck Accident AttorneyÂ
Whether you need assistance determining your eligibility to file a truck accident lawsuit after you suffered injuries in a crash or you need help with a wrongful death lawsuit, one of our experienced West Palm Beach truck accident attorneys can speak with you about your case. Our personal injury lawyers handle a wide variety of accident cases in South Florida, and we can assess your case for you today. Contact Lesser Lesser Landy & Smith PLLC for more information about filing a truck accident lawsuit.
Resource:
iihs.org/topics/large-trucks
