Liability

Liability in trucking accidents holds at-fault parties legally responsible for damages sustained by accident victims. Proving fault for a truck accident in Florida is essential for establishing liability. However, trucking companies and their insurance providers aggressively fight to avoid liability for your damages. 

Experienced Florida truck accident lawyers can help you gather the evidence you need to hold them accountable for your injuries and losses.

Understanding Liability Under Florida Law

Liability is the responsibility for harm a party causes someone to sustain. It is a legally enforceable claim against a person or entity when they negligently or intentionally cause someone losses and injuries.

Civil liability seeks redress from a party for wrongdoing. An individual may sue another party for an injunction, damages, or other relief. In personal injury cases, liability generally results in economic and non-economic damages.

Damages are the court’s remedy for the harm a victim sustains because of another party’s wrongdoing. Because the court cannot undo injuries and other harm, the only way to make the other party “whole” again is to hold the party financially liable.

Types of Florida Truck Accident Liability

Several parties may share liability in trucking accidents. Common types of liability relevant to trucking accidents in Florida include, but are not limited to:

Personal Liability

Truck driver negligence may be a contributing factor to a trucking accident. Common examples of truck driver negligence in Florida include:

The truck driver could be personally liable for damages if their actions caused or contributed to the cause of the truck crash. Trucking companies often share liability with the truck driver for damages.

Vicarious Liability

Respondeat superior is a legal doctrine that holds an employer liable for damages caused by an employee. Florida courts have found that an employer can be liable for an employee’s negligence when the employee:

  • Was acting within the scope of their employment; OR,
  • During the ordinary course of employment, to further the employer’s interest or purpose

Vicarious liability allows the court to impute liability to the trucking company for the truck driver’s negligence. Even if the trucking company did nothing wrong, it could still be liable for damages.

Employer Liability

An employer’s negligence could also result in liability for damages. Examples of employer negligence that could lead to a trucking accident in Florida include:

  • Violations of the FMCSA hours-of-service regulations
  • Failing to conduct the required drug and alcohol testing of drivers
  • Overloaded and/or unsecured cargo
  • Failing to conduct routine inspections and vehicle maintenance
  • Improper hiring and/or training policies

Employer liability in truck crashes can increase the available insurance coverage. Trucking companies are required to purchase large insurance policies, including liability insurance.

Third-Party Liability

Other parties may be liable for a truck accident in Florida. For example, truck and parts manufacturers may be liable if a defective part causes an 18-wheeler accident, such as a defective truck tire. Loading companies may be liable for accidents caused by overloaded trailers or improperly secured loads.

Maintenance and repair facilities could be liable if they perform negligent service that leads to a truck accident. Additionally, other motorists may be liable if their actions caused a truck accident.

How Liability Is Determined in Truck Accident Cases in Florida

Generally, liability is established by proving negligence. The elements of negligence are:

  • Duty of care: The party owed you a duty to act with reasonable care to avoid a collision.
  • Breach of duty: The party breached their duty of care through their actions or omissions.
  • Causation: The party’s breach of duty was the proximate and direct cause of the truck accident.
  • Damages: The victim sustained injuries, emotional harm, and/or financial losses.

The accident victim has the burden of proving fault for a truck accident in Florida. Evidence used to prove negligence and liability includes police reports, video footage of the accident, the truck’s black box data, witness statements, and physical evidence.

Expert witnesses play a crucial role in truck accident cases. Accident reconstructionists, medical specialists, trucking professionals, and other experts collaborate to establish causation, determine fault, and assess damages for liability purposes.

Comparative Negligence in Florida: What It Means for Accident Victims

Contributory fault can bar an accident victim from receiving damages. Florida has adopted a modified comparative fault standard. Accident victims are only barred from receiving damages if they are 51% or more at fault. Otherwise, their damages are reduced by the percentage of fault attributable to them.

For instance, suppose a jury finds that you are 30% at fault for a truck accident. The judge will reduce your damages by 30 percent. Comparative negligence can play a significant role in a truck accident case. Insurance and trucking companies try to blame the victims to avoid paying large settlements or verdicts.

Why Establishing Liability Is Critical to Your Case

Only liable parties are responsible for compensating you for your damages. The steps you take after a truck accident can help you establish liability. Large truck accidents are often catastrophic events, causing fatalities and severe injuries. It may be dangerous to gather evidence at the accident scene.

Contacting an attorney as soon as possible after the accident can be beneficial. An experienced truck accident lawyer has the resources to conduct a thorough and comprehensive investigation into the accident. An attorney can gather and preserve key evidence necessary to prove liability.

Establishing liability is one of the most critical parts of any truck accident case in Florida. Without proving who is at fault, you can’t recover compensation for your injuries, medical expenses, or other losses. Because trucking companies and insurers fight aggressively to avoid paying what victims are owed, you need a legal team that knows how to fight back.

For help, contact Shaked Law Firm, P.A. at (305) 937-0191 today to schedule a free consultation with a Florida truck accident lawyer. 

Visit our Truck Accident Law Firm in Aventura, Florida

Shaked Law Firm, P.A.
20900 NE 30th Ave STE 705, Aventura, FL 33180
(305) 937-0191
*Relocated across the street from Aventura Hospital.

Available 24/7