The Deeper Question Of Fault In Trucking Accidents
Brian O Sutter
Accident Lawyers
Being involved in any kind of accident is a terrible event that can lead to major upheaval in your life. Recovery isn't easy and often involves mental, physical, and financial steps back to where you were before the accident - if you ever reach that place.
Trucking accidents are even more serious. The heavier mass of the trucks and the high impact that they can cause means that issues like death, paralysis, traumatic brain injury, and other serious injuries are far more likely to occur.
Beyond the serious injuries, there are also numerous other factors related to a trucking accident that needs to be considered. One thing that will need to be given attention is that of fault. Those who are injured in an accident involving a truck need to understand a number of things including how fault works in Florida trucking accidents, who can be held responsible, and how to go about getting the compensation that you deserve.
Trucking Accidents Fault Basics
Truck accident personal injury claims are handled in the same way that other auto accidents in the state are - through a process of showing fault. While Florida motorists are required to carry PIP coverage to protect themselves, this isn't always enough to offset the heavier costs that can come from an accident involving a truck. As such, seeking restitution through a personal injury claim is a step worth considering. If your accident was caused by someone else, you'll need to show that the other party acted in a reckless or negligent manner and that those reckless actions led to the accident and your injuries. This holds true in trucking accidents as well, but there are numerous additional factors to consider. Generally, reckless or negligent actions include things like speeding or driving while intoxicated. But with trucking accidents, things such as the level of maintenance done to a truck, the amount of hours that a driver has driven the vehicle, and much more could play a role in showing fault - and getting what you are owed. Federal law has very strict rules in place regarding the amount of time a commercial truck driver can drive in a week or day, and also on the amount of miles allowed. The drive time must be logged carefully and those hours must be kept with the truck at all times. This is one of the key areas of fault to understand in trucking accidents - if a driver exceeds these allotted times, there is an even greater chance that you can show fault exists.Who Can Be Held Liable?
One interesting thing to note regarding trucking accidents is that not only can the truck driver be held liable, but so can the company that they work for. For example:- If it's shown that a company forced drivers to drive more than the legally allotted amount of hours or miles, they could be held responsible for the accident.
- Trucking companies are held responsible for their vehicle maintenance as well. If it's shown that poor maintenance on their trucks led to the accident, they may be liable.
- If the trucking company forced a driver to haul a load over the legal limit or to otherwise drive or act in an unsafe manner, they may be held responsible.