When accidents involving commercial trucks occur, the issue of liability becomes a central point of investigation.
Understanding the legal framework and factors that determine a trucking company’s liability in these accidents is important when seeking compensation.
Liability under negligence
In Florida, trucking companies can be liable for accidents caused by the company’s negligence. Factors that can establish negligence include:
- Inadequate driver training
- Poor vehicle maintenance
- Violation of federal regulations on trucking
Properly vetting drivers and doing routine inspections can prevent these issues.
Vicarious liability is when an employer is responsible for what their workers do within the scope of their job. For example, if a truck driver hits someone while speeding, the trucking company might be responsible for the resulting accident.
Florida also recognizes the concept of strict liability in certain cases. Under this doctrine, a trucking company may be liable for an accident even if there is no proven negligence on its part. This typically applies in cases involving malfunctioning products or equipment. If the defect played a role in the accident, the trucking company could be strictly liable for the resulting damages.
Evidence collection and legal proceedings
In the aftermath of a truck accident, evidence collection is important for establishing liability. When filing a personal injury claim, plaintiffs must demonstrate how the trucking company’s actions directly contributed to the accident and their injuries.
People involved in truck accidents should know these legal concepts to help them navigate the personal injury claim process. It will also improve the chances of settling.