How Are Truck Accidents Different From Car Accidents Legally?
There are major legal differences between truck and car accidents, which can dramatically impact your ability to secure the accident-related losses you incurred. Federal regulations, Florida law, and how the trucking industry operates create significant and complex differences in insurance, liability, and the evidence you need to get maximum compensation for your damages.
At the Law Offices of Tragos, Sartes & Tragos, our knowledgeable Clearwater, FL, truck accident attorneys understand the legal landscape surrounding truck and car accidents and can safeguard your legal rights against powerful trucking companies, their insurers, and their legal team.
What You Should Know About The Legal Differences Between Car and Truck Accidents in Clearwater, FL
The basic elements of negligence apply to car and truck accidents in Florida. However, how the elements are applied, as well as the intricate web of regulations surrounding the trucking industry, create significant legal differences.
Multiple Potentially Liable Parties
Unlike the typical car crash involving two drivers, truck crashes usually involve multiple potentially liable parties, including the truck driver and trucking company. Other parties that may be liable can include the cargo loading company, truck manufacturer, truck owner, a government entity, and the company that services the truck. A Clearwater, FL, truck accident lawyer can identify and seek damages from all responsible parties to maximize your compensation.
More Devastating Injuries and Damages
The significant size and weight disparity between a commercial truck and a passenger vehicle often results in more severe injuries, including catastrophic injuries and fatalities. This translates to significantly higher medical expenses, lost earnings, and emotional distress damages. While this means more potential compensation is available, it also means insurers will fight these larger claims even more aggressively. However, with a Clearwater, FL, truck accident attorney handling negotiations on your behalf, the insurers can’t take advantage of you.
Federal Regulations Apply to Commercial Truck Accidents
Commercial trucks and their drivers are subject to extensive federal regulations by the Federal Motor Carrier Safety Administration (FMCSA). These govern aspects like driver hours of service, vehicle maintenance, inspection requirements, and cargo handling. A Clearwater, FL, truck accident lawyer can identify violations that contributed to your accident to strengthen your claim.
The Legal Principles of Vicarious Liability and Negligent Entrustment May Also Apply
Under the vicarious liability principle, you can hold a trucking company responsible for the negligent actions of its drivers. Likewise, if the trucking company was negligent in hiring, training, or supervising the driver or in entrusting a dangerous vehicle to an unfit driver, they can be held directly liable under the negligent entrustment principle.
Just last year in Nassau County, a jury awarded $141.5 million to victims injured by a logging truck driver deemed unfit to operate by his employer after the crash. The driver's extensive pre-hire record included DUI, drug possession, and multiple driving violations and crashes, none of which his employer bothered to check before entrusting him with a 60,000-pound logging truck. The fleet manager's ignorance of FMCSA regulations for logging vehicles further underscored the employer's negligence.
Seek Legal Guidance From Our Reputable Clearwater, FL, Truck Accident Lawyers Now
You will be facing a more challenging legal battle than the usual car accident if you have been injured in a truck accident. Do not face this ordeal alone. Reach out to our Clearwater, FL, truck accident attorneys at the Law Offices of Tragos, Sartes & Tragos online or at (727) 441-9030 to learn what we can do for you and schedule your free case review.