4 Liability Theories in a Truck Crash Case in Florida
10 months ago Byram Charity Comments Off on 4 Liability Theories in a Truck Crash Case in Florida
In most car crash cases, the victims can recover damages in accordance with the theory of negligence. But in an auto accident involving a truck, a couple of parties may be held responsible, and thus, several theories of liability may apply. If you or someone you care about what was involved in a truck crash, seek legal help from an experienced Miami personal injury lawyer to the theories that can apply in your case. Here are the four liability theories that can apply in truck accident cases.
This theory applies nearly in every truck accident. Note that all truckers in Florida are subject to all other regulations to which car drivers and drivers of passenger vehicles are subject to. Indeed, truck drivers may be subject to more strict rules because the size and weight of their trucks can inflict severe injuries and property damage whenever a crash occurs.
Some of the common instances of negligence that cause truck accidents include texting while driving, drowsy driving, disregarding traffic signals, intoxicated driving, and speeding. Sometimes, the regulations created by FMCSA (Federal Motor Carrier Safety Administration) may come into play. For example, if a truck driver falls asleep while driving and ends up causing an accident, the victim of the crash can point to the specific regulations that set driving hours.
Florida Labor Code (section 440.11) holds employers liable for the negligent choices and actions of their employees. If a truck driver acts negligently while executing his duties with his scope of employment and causes a crash associated with property damage or injuries, his or her employer can be held liable. That means a victim of such an accident can recover damages from both the truck driver and the company.
But you decide to file a personal injury lawsuit under the vicarious liability theory, you might discover that the truck driver is an independent contractor and not an employee. In such a case, you need an attorney who can determine how much control the company has over the truck driver and determine if there is a misclassification. If that’s the case, the company (employer) should be held responsible for your injuries or damages.
A specific company can be held liable for a truck driver’s negligent actions if it failed to train the driver adequately. For example, if the truck crash that caused property damage or injuries was due to cargo that rolled off the truck because it was improperly loaded, you can recover for improper or negligent training.
Keep in mind that driving a truck isn’t the same as driving a private car or passenger vehicle. That is the main reason truck drivers require a special license. If an employer hires someone who knows just how to drive and the company fails to perform thorough background checks, then the company will be held responsible for the driver’s negligent or reckless driving.