Financial liability for a truck accident falls to the person or entity whose negligence caused the collision. In many truck accidents, the liable party is frequently the truck driver or his employer. It can also include the truck’s manufacturer, the cargo loading company, and the repair and maintenance facilities. It is even possible that there could be multiple liable parties. A detailed investigation will identify the at-fault party or parties.
If you or a loved one was injured in a car accident, you can seek financial compensation from the at-fault party. To do so, you have to identify who’s liable for a commercial truck accident. On your own, that can be challenging. Florida truck accident lawyers can help you build a strong case for financial recovery and represent you on a contingency fee basis.
How Do You Define Financial Liability for a Florida 18-Wheeler Accident?
If the accident was caused by an at-fault party associated with the truck, suing them to recover your truck accident damages starts with proving their negligence caused your accident. Proving negligence means proving the following four elements:
- Duty of care: Each party’s obligation to exercise reasonable care
- Breach of duty: The action or lack of action that violated the legal duty
- Causation: Evidence that the at-fault party’s action caused the collision
- Damages: The economic and non-economic damages from the accident
You do not have to identify negligence or one or more at-fault parties on your own. A truck accident lawyer in Florida can help you build a solid collection of evidence that proves these elements for you.
When the Truck Driver Is Liable
The commercial truck driver could be liable for compensating you if their actions directly caused the collision. Driver error can include violating a traffic law, distracted driving, hours-of-service violations, speeding, etc.
When the Trucking Company Is Liable
Financial liability could fall to the trucking company if they failed to properly vet or train their driver. They could also be at fault if they pressured the driver to meet unrealistic deadlines or violate federal regulations on hours of service.
When Manufacturers Are Liable
The company that built the truck or its parts (brakes, windshield wipers, etc.) can be liable if a manufacturing or design flaw caused the accident.
When the Cargo Loading Facility Is Liable
How cargo is loaded onto a truck makes an important difference in its safe handling and operation. The cargo loader is liable if the truck’s contents were improperly loaded, balanced, or secured.
What Evidence Proves Liability for a Commercial Vehicle Accident in Florida?
Evidence that proves fault and liability for a commercial vehicle accident in Florida can include physical evidence and supporting documents. Your case file should contain the following:
- Police report, including officer-generated narratives and diagrams
- Medical first responder reports describing your injuries and their cause
- Medical records, including diagnostics and treatment plan
- Photos and videos of the accident scene and both vehicles
- Truck maintenance records, including repair and inspection notes
- Witness statements, including eyewitnesses and subject matter experts
Additional evidence can include employment and salary history records that document the value of your lost wages. Your file can also include estimates for the repair, replacement, or diminished value of your damaged or destroyed car.
Who Collects the Evidence for a Truck Accident Claim?
Unless your injuries prevented you from doing so, you could have collected evidence at the accident scene. If you are represented by a truck accident attorney, they will collect the additional evidence you need to file a claim with the insurance companies.
Your lawyer will also:
- Accurately assess your recoverable damages
- Speak to subject matter experts
- Conduct an independent investigation
- Identify all potentially liable persons and entities
- Address your legal questions and concerns
- Provide ongoing updates as your case progresses
- Negotiate a favorable monetary settlement
- Represent you in court if necessary (this is rare)
Your lawyer will do more than build the comprehensive case file you need for your semi-truck accident claim in Florida. They will also present it to the at-fault party in an organized manner and fight for your financial recovery.
What Damages Can You Request After a Commercial Truck Accident?
Florida vehicle owners are required to have personal injury protection (PIP) insurance that covers many of their immediate post-accident expenses and losses. Truck accidents, though, can cause catastrophic injuries that far exceed the limitations of PIP coverage.
Additional damages you can recover include:
- Non-Economic Damages: Lasting disabilities, disfiguring injuries, physical pain and suffering, inconvenience, mental anguish, emotional distress, and diminished quality of life.
- Economic Damages: Current and future medical, rehab, and therapy bills; current and future lost wages and earning ability; and property damage, destruction, or diminished value.
- Wrongful Death Damages: Funeral and burial expenses, loss of the decedent’s financial and household support, and your losses of consortium, companionship, guidance, and care.
You can maximize your financial compensation by tracking your expenses and losses and letting a personal injury lawyer manage the negotiation phase of your claim.
What Is the Statute of Limitations for a Florida Truck Accident Lawsuit?
In general, you have two years to file a personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11. Meeting the statute of limitations in Florida can be complicated, though, since all of the following could apply:
- If a government or municipal truck caused your accident, you have six months to notify the agency in writing of your claim, according to Florida Statutes § 768.28(6)(a)(1).
- Certain exceptions may apply, such as the age of the accident victim, according to Florida Statutes § 95.051.
Filing your lawsuit on time is a mandatory part of your claim. The best way to ensure timely filing is to let a truck accident attorney handle it for you.
Find Out Who Is Liable for Your Florida Truck Accident
If you or someone you love was injured in a truck accident, you could be entitled to financial recovery. Our truck accident team will help you get the maximum compensation possible for your injuries, property damage, and more.
Find out who’s liable for your commercial truck accident in Florida and how we fight for your compensation. Contact our consultation team at the Law Offices of Wolf & Pravato by calling (954) 633-8270 to get started today.
