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Fault In A Truck Accident


Trucks are everywhere on Florida roads. In fact, the state has the third highest number of commercial trucks on its roads in the entire nation. Combine that with a huge population and millions of tourists and it’s not hard to understand why accidents can happen anywhere.

And when a truck is involved in the accident, it can be incredibly dangerous. The heavier trucks can be deadly and lead to significant injuries, making trucking accidents one of the most dangerous kinds of incidents that can happen on Florida roads.

Those who are involved in these accidents may have the ability to seek compensation for their injuries, and if the crash is caused by the truck driver this will definitely be the case. As a result, taking a closer look at proving fault in a truck accident is something that is important.

Florida Fault Rules

Truck accidents are the same as any other Florida accident in terms of what is required in order to receive compensation. Simply put, it must be shown that another party acted negligently or recklessly and that those actions led to the accident which caused your injuries.

With auto accidents, this can include a wide range of things including speeding, driving while intoxicated, distracted driving, and more. But there are additional factors at play in trucking accidents. For example, truckers are only permitted to drive a certain number of hours each day and must maintain a log of their hours behind the wheel. Exceeding the appropriate number of hours or miles driven means that they could be held liable for accidents, even if they weren’t speeding or otherwise acting negligently.

Who Is To Blame?

Another big difference where trucking accidents are concerned is that not only can the individual driver be potentially liable for your injuries, but so can the trucking company themselves. There are numerous ways this could occur:

  • Forcing drivers to exceed the hours or miles allowed by law
  • Failing to maintain vehicles properly
  • Overloading trailers
  • Not providing logbooks so that drivers can maintain their driving history
  • Hiring those unsuitable for the job

In short, a trucking company has a legal obligation to ensure that its drivers act safely on the roads. If they take any steps that could reduce safety, they might be held to blame as well.

Proving Fault

The fact that trucking companies might be held responsible for their actions means that it could be harder to actually get the compensation you’re owed. This is because they will have a larger pool of resources with which to defend themselves, working to avoid paying out a dime.

A good truck accident lawyer can help, however. Our team will use a variety of tools to show that your injuries deserve compensation. Options include things like:

  • Black box data from the truck
  • Driver logs
  • Past safety infractions
  • Complaints against the trucking company
  • Driving history
  • Witness statements
  • Police reports
  • And more

It’s not always easy to show that you deserve compensation and having the respect of the insurance companies and trucking companies is important. When you have our legal team on your side, you’re letting them know that you mean business. This means that they’ll work harder to reach a resolution and move you beyond your injuries fairly.

If you’ve been injured in a truck accident, our law firm can help. Contact us today to learn more and to get your free case evaluation.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Fault In A Truck Accident

Goldman Babboni Fernandez
Murphy & Walsh




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