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Who is Liable for a Truck Accident?

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After a truck accident, victims will first have to go through their own insurance company, as per Florida’s no-fault auto insurance laws. However, it is rare that this insurance coverage is enough to fully cover the serious injuries that result from a collision with a truck on the road. To claim the full compensation they deserve, victims must file a lawsuit and when doing so, they have to first identify the liable party.

This is extremely complex in truck accident cases, as there are a number of potentially liable parties in claims involving large trucks. A personal injury lawyer can identify the party that was to blame and hold them accountable for the crash. The most common liable parties in truck accident cases are found below.

The Truck Driver

It is natural to assume that the truck driver is always the negligent party in a truck accident, and that is often true. Truck drivers that drive while under the influence, operate their truck recklessly, violate the federal hours of service rule, or otherwise violate the law can be found negligent and therefore liable for paying any damages accident victims deserve.

The Trucking Company

While truck drivers are often liable for truck accidents, that is not always the case. Trucking companies can be found vicariously negligent when they do not properly train their truck drivers, fail to perform background checks, or offer incentives to their drivers for not taking appropriate breaks. Proving a truck company was at fault for a crash is very difficult, as they are not always forthcoming about their practices and are unlikely to provide the necessary documents.

The Truck Manufacturer

All manufacturers are responsible for ensuring their products are safe to use, and that includes manufacturers of trucks. When they do not meet that responsibility and parts of a truck are defective and cause a crash, the manufacturer can be held liable. Defective parts can cause tire blowouts, or a failure in the braking system, which are just two ways in which defective parts are responsible for truck accidents.

Cargo Loading Companies

Oftentimes, the cargo of a truck is loaded by a third party. When that is the case and the cargo-loading company did not properly load the truck, it can shift during transport and throw the entire truck off balance. When this happens, the truck driver may lose control of the truck, which can easily result in a crash.

Our Florida Truck Accident Lawyers Can Determine Liability

Determining liability in a truck accident is one of the most difficult aspects of any case. If you or someone you love has been hurt in a crash, it is essential that you speak to a Port St. Lucie truck accident lawyer today. At Eighmie Law Firm, P.A., our knowledgeable attorneys will conduct a thorough investigation and collect evidence to prove who was liable for your crash and hold them accountable for paying the fair settlement you deserve. Call us today at (772) 905-8692 or fill out our online form to schedule a consultation and to learn more about how we can help.

 

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html

https://www.eighmielawfirm.com/how-long-do-you-have-to-file-a-car-accident-claim/

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