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Accidents involving commercial trucks in Florida can result in major injuries and substantial property damage. Unfortunately, these incidents can also leave local victims struggling to recover as they battle insurance carriers and legal teams for their rightful compensation. If you have been harmed in a truck accident in Florida, understanding how liability gets determined and the possible liable parties is a good starting point. We encourage you to reach out to a St. Petersburg truck accident attorney with experience handling complex truck accident claims as soon as possible.
There are a variety of ways truck collisions occur along our corridor of FL, and determining liability starts with understanding what caused the crash. Some of the most common causes of truck accidents in Florida include:
Unlike typical car accidents in St. Petersburg, determining liability in a truck collision can be tough, as multiple parties may share responsibility for the crash. Below are some of the key parties that could hold liability in these situations.
The truck driver is often the first person people look at for liability after an accident. If the driver was negligent in any way—such as by driving while distracted, fatigued, or under the influence of drugs or alcohol—they can be held responsible for the accident. Additionally, if the driver violated federal regulations, such as hours-of-service regulations designed to prevent fatigued driving, they may also be liable.
The truck carrier or agency that employs the driver may also be held liable for the accident, particularly if they failed to ensure the driver was properly trained or if they encouraged unsafe practices, such as driving beyond the allowed hours. Trucking companies must also maintain their vehicles and ensuring they comply with all federal and state safety regulations.
If a truck accident occurs due to improperly loaded or unsecured cargo, the company or individuals responsible for loading the truck may share responsibility for the incident. Cargo that shifts during transit can cause a truck to become unbalanced, increasing the risk of a rollover or jackknife accident. In these cases, the loader’s negligence can contribute to the accident, making them a potential party in a liability claim.
In some cases, truck accidents result from mechanical failures, such as brake malfunctions or tire blowouts. If the truck collision happened due to a faulty part on the truck, the manufacturer of the specific part could be held liable under product liability law.
Many trucking companies hire third-party contractors to perform maintenance, repairs, or other services on their trucks. If a third-party contractor fails to properly service a truck, and that failure leads to an accident, they may share liability. Investigating maintenance records and contractor agreements can help determine if these parties were negligent in their duties.
Florida is a no-fault insurance state, meaning that drivers are required to carry their own insurance (PIP) to cover their medical expenses and certain other losses caused by the incident, regardless of who caused the accident.
However, in the case of a serious truck accident, PIP coverage may not be enough to cover the extensive damages involved. For more serious injuries, Florida allows victims to step outside the no-fault system and pursue a third-party lawsuit against the at-fault parties. This is particularly relevant in truck accident cases, where injuries are often severe and exceed PIP limits.
In cases where PIP insurance is insufficient to cover the damages, victims may file a third-party lawsuit with a St. Petersburg injury attorney against the responsible parties. In these cases, you may be able to recover compensation for all medical bills caused by the crash, lost wages (current and future), property damage, and pain and suffering.