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Trucking Accidents In Florida

Nearly 4,000 people in America are killed every year in truck accidents. Many of those fatalities occur in Florida, which has one of the highest truck accident fatality rates in the country. And it’s no surprise why. Trucks in Florida are legally allowed to be up to 75 feet long and 80,000 pounds.

Even the heaviest of passenger SUVs, at 6,000 pounds, don’t hold a candle to the massive eighteen-wheelers that speed along Florida’s highways. An accident involving one of these massive trucks is likely to result not just in the total loss of your vehicle, but devastating and permanent injuries or even death.

That means medical expenses, lost wages and future earning potential, and unquantifiable emotional distress for a long time to come. If you were injured in a truck accident due to the truck driver’s negligence, you deserve to be compensated for these injuries.

Proving Negligence In A Truck Accident

The core claim in most truck accidents is based on the idea of negligence. All drivers, especially commercial truck drivers, have a duty exercise reasonable care in operating a vehicle. The failure act with such reasonable care is called negligence.

In Florida, four elements are required to prove negligence:

  • Duty of care – you must establish that the defendant owed you a duty of care. A truck driver has a heightened duty of care to other motorists because of the sheer destructive potential of the truck.
  • Breach of duty – you must establish that the defendant breached the duty by taking an action or failing to take an action. In truck accident cases, common breaches of duty include the failure to adhere to state and federal trucking regulations, driving under the influence of alcohol or drugs, falling asleep at the wheel, and driving at excessive speed.
  • Causation – you must establish that the trucker’s actions or lack of actions caused your injuries. Sometimes causation is intuitive and easy to establish, but in cases involving a chain of events, causation can be a much trickier element to establish.
  • Damages – you must establish that you actually suffered damages as a result of your injuries.

Who Is Responsible?

At first glance, it may seem obvious that the truck driver is the party responsible for the injuries resulting from a truck accident, but an experienced personal injury attorney is able to delve deeper and find more than one party that should be responsible for compensating you for your injuries.

For example, imagine a situation in which a truck driver causes an accident by falling asleep at the wheel and swerving into the next lane. Although he wakes up in time to hit his breaks, the breaks malfunction, and the truck collides with your vehicle.

The truck driver is clearly responsible for falling asleep at the wheel as he should not have been driving while drowsy. However, the owner of the truck or the truck driver’s employer may also be responsible for failing to establish or enforce rules that prevent their truck drivers from driving more than a certain number of hours per day.

The manufacturer of the truck or the company responsible for maintaining the truck could also be responsible for installing defective brakes that failed to stop the truck in time to avoid the accident.

An experienced personal injury attorney will know who should be held accountable for the accident, and the most effective way to pursue claims against each of them.

Available Damages

If you or a loved one has suffered severe injuries in a truck accident, nothing can make up for the losses you’ve suffered, but there an experienced personal injury attorney can obtain for you compensation for current and future medical expenses, pain and suffering, lost wages and future earning potential, funeral expenses, and property damages suffered in the accident.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Trucking Accidents In Florida

Goldman Babboni Fernandez
Murphy & Walsh

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