Trucking Accidents and Legalities under Florida Law
A truck is a massive vehicle that is difficult to maneuver and tend to cause more serious damages when it is involved in a motor vehicle accident. Fatalities related to truck accidents are very high, particular with victims who were in smaller vehicles or cars at time of impact.
Owing to this, the law provides for strict rules and regulations for truck drivers, including licensing requirements, department of transportation regulations, and State laws to protect truckers and drivers of cars alike. Indeed, in the State of Florida, there is a joint liability in place. Joint liability means that the owner of the truck and the driver of the truck both bare responsibility for any damages caused by the truck. Despite rules and regulations designed to prevent and minimize trucking accidents, trucking accidents continue to be prevalent both in number of accidents and the value of the damages caused by trucks. Trucking accidents are particularly prevalent due to their size, increased blind spot, number of consecutive hours on the road by the truck driver, distractions and drowsiness which may be more prevalent to truckers than the recreational driver.
When one is involved in a truck accident or is the victim in a trucking accident, then they ought to hire a lawyer or an attorney. The lawyer or attorney will help in getting just compensation and oftentimes handle the case on a contingency fee basis which means, at no cost to you.
There are different kinds of trucks. Some are 18-wheelers; some are 4-wheelers and so on. Each kind of truck will need a different kind of skill and energy. There are quite a number of people out there who suffer due to truck accidents.
Hence, it is necessary to have skilled truck drivers. In addition to the regulations established by the State and Federal Government, oftentimes companies in the transportation industry have their own internal policies and procedures which may provide additional safeguards to the public.
Causes of Truck Accidents
There are various reasons behind truck accidents. However, most of the times, it boils down to negligence. If it is proved before the law that the accident was caused due to negligence then the negligent driver is made to compensate for the victim. Under Florida law, contributory negligence is also permitted where the percentage of fault is distributed or proportioned among all individuals.
At times, these accidents may occur due to bad maintenance of the vehicle, defective parts etc. However, these are rare occurrences. Most of the times, it is indeed the driver who caused the accidents.
Legalities with Regards to Truck Accidents
There are quite a number of cases where the drivers are still carrying on with their commercial licenses despite having health issues. The law tries to balance accommodating drivers with disabilities against the possible harm that the disabled driver may cause to the public due to his or her medical conditions.
If you have been caused injuries due to a truck driver’s negligence then you ought to seek legal counsel for advice, and seek immediate medical treatment for your injuries. Generally speaking, trucks carry commercial liability insurance which tend to cover the entirety of the damages caused by the truck. In addition to the insurance policy of the truck, your own Personal Injury Protection (PIP insurance) will provide up to $10,000 of medical expenses. Additionally, if you carry uninsured motorist insurance (UM coverage), then you may have additional monetary compensation in case the commercial insurance policy of the driver is not enough.
Both company and driver responsible if truck owned by company or if trucker is acting within the course and scope of his employment when the accident occurs. The victim can claim for insurance, pip and personal injury claims, the driver, even if at fault for the accident, can pursue claims under his or her employer’s workers’ compensation policies.
In any event, you have no risk consulting with an experienced local attorney. If you have been injured in Central Florida, Brevard County, Melbourne and surrounding areas, the experienced attorneys at Arcadier, Biggie & Wood, PLLC, P.A. can help. You may contact our office for a free personal injury consult with one of our experienced accident attorneys.