The issue of who is at fault in a serious truck accident can be more complicated than in a typical auto accident. Due to the employee being at work, multiple parties are involved in work incidents like these, including the truck driver, owner, manufacturer, and employer.
Many trucking companies, owners, and drivers must comply with federal laws and regulations that govern the industry. If there is an accident, these laws and regulations can be helpful in determining the responsible party.
Trucking Companies Can Try To Avoid Liability
The trucking company for which the driver worked may be one of the most important parties in an accident. In order to avoid liability, trucking companies may sometimes label the drivers they hire as independent contractors rather than employees. In addition, they may lease the truck from the owner/operator in order to avoid liability, instead of outright owning the vehicle. Due to the fact that the driver was not an employee and the truck was not owned by the trucking company, the company may claim it is not responsible for an accident. These arguments are now obsolete thanks to federal laws and regulations. Companies that hold a trucking permit may now be held responsible for accidents involving any trucks with their placard or name displayed anywhere on the vehicle.
Common Scenarios Where A Trucking Company May Be Held Liable
It is not always as clear when a trucking company is responsible, at least partially, for an accident as it is when a driver is at fault. However, there are a number of scenarios that may arise in which the trucking company can be found liable, including:
- There was pressure placed on the driver by the trucking company to drive more hours than allowed without taking enough rest.
- The driver was not properly trained by the trucking company
- In addition to not having the proper licensing, the truck driver had a bad driving record, but the company still chose to hire them.
- There was negligence in the enforcement of safety rules by the trucking company.
- There was no maintenance performed on the truck by the trucking company.
An accident caused by any of the above circumstances could lead to the trucking company being found liable.
Common Florida Truck Accident Injuries
When a semi-truck and a car collide, the driver of the car almost always loses due to the sheer size and weight difference between a commercial truck and a passenger vehicle. There are a number of catastrophic injuries that can occur depending on the circumstances that arise in a truck accident. Therefore the injuries sustained in these types of accidents can be far more severe and catastrophic than car on car accidents. Truck accident claims commonly involve serious injuries such as:
- Spinal cord injuries
- Neck and back injuries
- Paralysis
- Burn injuries
- Traumatic brain injuries (TBI)
- Internal bleeding
- Lacerations
- Musculoskeletal injuries in the form of broken bones, torn muscles, ligament damage, tendon damage, and much more
- Internal damage to organs such as the lungs, kidneys, and liver.
- Amputation injuries
As a result of these injuries, you are often required to seek expensive medical treatment and are unable to work. Extreme circumstances may result in permanent impairment, severe disfigurement, or both.
What Damages Can Be Claimed In A Truck Accident Claim?
A person who is injured as a result of another’s negligence is entitled to compensation for their damages. Generally, the more serious the injury, the more damages a plaintiff may be entitled to. Truck accidents often cause serious injuries, so the amount of compensation at stake is usually higher than that of car accidents and other motor vehicle accidents. The following damages may be awarded to a victim if they are involved in a truck accident:
- Past & Future Lost Wages - Due to an injury, you may be unable to work which will result in lost income and benefits.
- Medical Treatment Costs - According to the nature and extent of the injuries obtained, your medical damages may include ambulance service, emergency treatment, surgery, medications, and physical therapy.
- Damage To Property - After a wreck, your vehicle is the most obviously damaged property. You may however be entitled to compensation for other property lost or damaged, including your phone, personal computer, and more, as well as for repairs or replacements.
- Out Of Pocket Costs - After a serious accident, expenses often mount up. It is possible that you are entitled to compensation for travel to and from medical appointments, therapy sessions, and the cost of adaptive devices (including wheelchairs or prosthetic limbs).
- Scarring & Disfigurement - In trucking accidents, scarring is not uncommon, especially if severe lacerations or burns are suffered. You may be entitled to compensation if you have been disfigured in a truck accident due to scarring as well as embarrassment.
- Disability - Physical impairment damages, also called disability, include inconvenience, embarrassment, and other non-economic costs associated with disability.
- Pain & Suffering - As a result of your truck accident injuries, pain and suffering damages compensate you for your emotional and physical suffering.
- Loss Of Consortium - These damages compensate you and your loved ones for the loss of family relationships and services caused by your injuries. In terms of spouses and children, these damages are known as “loss of companionship” and “loss of parental guidance”.
- Loss Of Life Enjoyment - You may not be able to continue to participate int he activities you enjoyed prior to injury due to a disabling, permanent injury. Your favorite hobbies may have been taken away from you as a result of this situation, and you are entitled to compensation.
The compensation you are entitled to after a trucking accident depends on the specific nature of your injuries and other damages. It is important to speak with an Orlando truck accident lawyer to determine how much your case may be worth.
How A Florida Truck Accident Lawyer Can Help
Due to the complexity of determining liability in a truck accident, some professionals are often hired to assist. You can put together the pieces of the accident with the help of a professional accident reconstructionist or accident investigator. Having an experienced personal injury attorney on your side will make sure your claim is handled properly. Further evidence can be obtained by examining trucking logs, drug testing records, maintenance reports, eyewitness testimony, and recordings from truck cameras and black boxes. An experienced attorney will know exactly how to obtain this evidence, and how to utilize it properly in insurance negotiations and court proceedings.
