LIABILITY IN TAMPA TRUCK ACCIDENT CASES
How a Truck Accident Attorney Can Determine Fault
If you were injured in a truck accident, it is important to determine fault. This essentially means the party that caused the accident should be identified so you can seek financial compensation from that individual or company. Although Florida implements a "no-fault" system when it comes to traffic accidents, meaning each party will collect compensation from his or her own insurance policy, those who suffer serious or permanent injuries may seek monetary damages from the at-fault party. This exception is crucial because it allows seriously injured parties a means of recovering money for extensive medical treatment, ongoing medical bills, lost earnings and possibly more.
With our experience in handling truck accident insurance claims and lawsuits, we at Robert Sparks Attorneys can offer knowledgeable insight regarding potential liability in your collision. With a Tampa truck accident attorney from our firm to oversee an investigation of the accident itself and the extent of your injuries and losses, you have the opportunity to not only hold the at-fault party responsible but to recover maximum financial compensation for the harm you have experienced. This is necessary if you are to rebuild your life.
Truck Driver Liability
There are scenarios where the truck driver may be to blame for a collision.
Some conduct by truck drivers that may lead to accident accountability may include:
- Texting while driving;
- Unsafe lane change;
- Driving while distracted;
- Driving under the influence ofalcohol or drugs;
- Failure to yield the right of way;
- Negligent inspection of a truck or its parts; and
- Driving in violation of hours-of-service regulations.
If a truck driver is to blame, the trucking company (or its insurance company) may be responsible for paying your claim. This will depend on whether the driver is an employee or an independent contractor, as well as other factors. We can offer guidance regarding this scenario.
Trucking Company Liability
Companies may also be held legally responsible for truck accidents, whether caused by their drivers or by direct negligence on the part of company managers or other personnel. Some examples of conduct that could lead to crashes and liability of a trucking company:
- Failure to perform routine or random drug/alcohol testing;
- Failure to perform driver background checks;
- Failure to investigate a driver following an accident;
- Negligent truck inspection, maintenance or repair;
- Overlooking or encouraging hours-of-service violations;
- Overloading trucks;
- Improper balancing or securing of truck cargo; and
- Other trucking violations.
Other At-Fault Parties
There are other parties that may be held responsible for causing truck accidents. This may be a loading company that improperly loaded a truck, a truck manufacturer that produced a defective part or perhaps a mechanic that performed substandard repairs or maintenance. Because there are various individuals or entities that could be liable, it is important to conduct a thorough investigation of the accident to accurately determine its cause. At Robert Sparks Attorneys, we have the resources to do so.
Free Review of Your Tampa Truck Accident Claim
For a free review of your claim, take this opportunity to schedule a consultation with a Tampa truck accident attorney at our firm. We are prepared to investigate, negotiate and litigate on our clients' behalf in order to help them recover the money they need to move on with their lives. Whether it is a truck driver, a large trucking company, a worldwide truck manufacturer or a shipping company, we can take full advantage of our skill and understanding of personal injury law to seek the best possible result in your case. Call today to get started.