Bradford County Truck Accident Lawyer
After a truck accident in Florida, you must first file a claim with your own insurance company to recover personal injury protection (PIP) benefits. However, the coverage available under this option is likely not going to be enough to recover the full financial compensation you need to treat your injuries. Most truck accident victims in the state meet the serious injury threshold outlined under state law. When this is the case, you can file a claim with the negligent party’s insurance company to recover additional compensation.
One of the most challenging aspects of filing a truck accident claim is determining what party is liable. There are many potentially liable parties in truck accident claims, which makes determining liability even more challenging. Below, our Bradford County truck accident lawyer explains which parties may be liable.
The Truck Driver
Many people assume that the truck driver is automatically at fault, but that is not always the case. Still, truck drivers do act negligently when they are behind the wheel. They may violate the hours of service rule, drive while impaired or distracted, or speed excessively. If the truck driver’s negligence did cause the crash and they are an independent contractor, you can file a claim against them for damages. If the truck driver is an employee of the trucking company, the company can be held vicariously liable for their employee.
The Trucking Company
Even when the truck driver is an independent contractor, there are still instances in which you can hold the trucking company liable. Trucking companies that engage in negligent hiring and training practices, or that fail to have their trucks properly inspected and maintained can be held liable if any of those actions cause an accident.
Inspection and Maintenance Companies
Many trucking companies outsource their inspection and maintenance needs. When third parties are hired for these tasks, they have a legal obligation to make sure they are doing their jobs properly. The trucks must be properly inspected and maintained. When they are not, the third party company can be held responsible for paying damages.
Third party companies are also sometimes hired to load and unload the cargo on a truck. When the cargo is not loaded properly, it can cause many problems on the road. The cargo can become dislodged and spill off the truck, creating a serious danger for any vehicle around the truck. Improperly loaded cargo can also shift during transit, which can throw the entire truck off balance and make it impossible for the trucker to control the vehicle.
Our Truck Accident Lawyer in Bradford County Can Determine Liability in Your Case
One of the most challenging elements of any truck accident case is determining who is at fault for the crash. At Douglas & Douglas, our Bradford County truck accident lawyers have the necessary experience to identify the liable party and we will hold them accountable for paying the full compensation you rightfully deserve. Call us now at 904-201-8226 to request a free accident consultation so we can discuss your case.