Truck accidents in Florida can be catastrophic, leaving victims with serious injuries and costly medical bills. If you’ve been involved in one of these accidents, determining liability is crucial to pursuing compensation.
So, who is liable for a truck accident in Florida? The party or parties whose negligence results in the crash are liable for the incident. This can include the truck driver, the trucking company, or a third party
If you’ve been injured in a truck accident in Florida, a Florida truck accident lawyer can help you pursue the compensation you’re entitled to.
Who Is Liable for a Truck Accident in Florida?
In Florida, liability for a truck accident falls on the party whose negligence caused the crash. This could include the truck driver, the trucking company, or even a third party, depending on the circumstances.
Other parties who can be liable for a truck accident in Florida include:
- Vehicle manufacturers, if a defect in the truck contributed to the accident
- Cargo loaders, if improperly loaded or unsecured cargo caused the crash
- Maintenance providers, if faulty or negligent repairs led to mechanical failures
A Florida truck accident attorney can help determine liability by reviewing evidence and consulting experts.
Can More Than One Party Be Liable?
Yes, multiple parties can be liable for a truck accident in Florida. For instance, the truck driver may be at fault for negligent driving, such as speeding or driving under the influence.
Simultaneously, the trucking company could share liability for failing to properly train or supervise the driver, or for pressuring them to violate hours-of-service regulations.
Florida law allows victims to pursue compensation from multiple sources.
Can a Third Party Be Liable?
Yes, a third party can be held liable for a truck accident in Florida. For example:
- Government entities may be held liable if poor road conditions, such as potholes or inadequate signage, contributed to the crash.
- Other motorists could share fault if their reckless driving created conditions that led to the accident.
What Is the 51% Rule in Florida?
Florida enforces a modified comparative negligence standard known as the 51% Rule. Under this rule, you can only recover compensation for a truck accident if you are less than 51% at fault. In addition, if you are partially at fault, your compensation will be reduced by your percentage of fault.
For example, if a court finds you 20% at fault for a truck accident and awards $100,000 in damages, you would receive $80,000. If you are found 51% or more at fault for an accident, you cannot recover compensation.
What Types of Evidence Are Used to Prove Liability?
Proving liability in a truck accident case requires gathering and presenting strong evidence, such as:
- Accident reports: Police reports often provide crucial details about the crash.
- Electronic logging device (ELD) data: ELDs record a truck driver’s hours of service and can reveal violations.
- Dashcam footage: Video evidence can clarify the events leading up to the accident.
- Maintenance records: These can show whether the truck was properly maintained.
- Witness statements: Testimonies from witnesses can support your version of events.
- Expert analysis: Accident reconstruction experts can help determine fault by analyzing skid marks, vehicle damage, and other relevant evidence.
How Can a Truck Accident Lawyer Help Prove Liability?
If you’ve been in a truck accident, a lawyer can:
- Conduct a thorough investigation to identify all potentially liable parties
- Collect and preserve critical evidence
- Collaborate with experts to strengthen your case
- Negotiate with insurance companies to secure fair compensation
- Represent you in court (if necessary)
An experienced truck accident lawyer can improve your odds of recovering the compensation you deserve.
What Types of Compensation Can You Recover?
Victims of truck accidents in Florida can recover various types of compensation, including:
- Medical expenses: You can recover costs for hospital stays, surgeries, rehabilitation, medications, and ongoing medical treatment.
- Lost wages: You can receive compensation for income lost due to the inability to work during recovery.
- Loss of earning capacity: You can seek damages for the reduction in your ability to earn income in the future due to your injuries.
- Property damage: You can be reimbursed for the repair or replacement of your vehicle and any other personal property damaged in the accident.
- Pain and suffering: You can obtain compensation for any physical pain, discomfort, or long-term health consequences caused by the accident.
- Emotional distress: You can claim compensation for psychological effects of the crash, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of consortium: You can pursue damages for the impact of the accident on your relationships with family members and loved ones.
- Punitive damages: You may be awarded punitive damages in cases of gross negligence or intentional misconduct.
Speak With a Truck Accident Lawyer Today
Truck accidents can be life-altering, but you don’t have to pursue justice alone. An experienced truck accident lawyer from GED Lawyers can help you file a claim and secure the compensation you need to rebuild your life.
Schedule a free consultation today to get started.
