Liability for Truck Accidents
One common area of personal injury is truck accidents. Due to the massive size of trucks, a truck accident can cause severely more detrimental effects, in comparison to an accident between two smaller vehicles. Commercial trucks are used to transport goods, which adds up to at least 25 times the weight as an ordinary vehicle. The massive weight increase is one reason why truck accidents are so severe, and unfortunately, sometimes fatal. According to research, it appears that truck drivers generally drive with more precaution than automobile drivers. Truck accidents are often not due to the truck driver’s negligence, but rather the result of unforeseen road hazards, or even the negligence of other drivers. Truck accidents may become more severe, given the freight the tuck is carrying. Imagine a truck is carrying gasoline, which is flammable, this would make injures severely worse.
When it comes to liability for truck accidents, the same foundation of other personal injury accidents comes into play: who is “negligent”? Negligence is when one person’s failure to follow road rules, or pay attention to the road, causes an accident. A person injured in a commercial truck accident must prove:
a. The defendant, (truck driver, trucking company) owed the plaintiff the duty to exercise a reasonable degree of care to prevent injury, under the circumstances
-All drivers on the road owe a legal duty of reasonable care to other drivers, passengers, and pedestrians
b. The defendant failed to exercise reasonable care, and “breached” the duty of reasonable care
c. Defendant’s failure to exercise reasonable care was the cause of injury suffered by the plaintiff
If you become injured in a truck accident, it is recommend to identify different defendants. A truck accident defendant is not only the truck driver, but may also be trucking firms, contractors, employers, and insurance companies. If a professional relationship exists between the truck driver and the firm, the firm could be held responsible for the driver’s negligence. In order to prove this in court, your personal injury attorney would be required to prove that the company exercised some control of the driver, and thus the accident occurred while the driver was driving as a result of the business relationship.
Damages from a truck accident may be much more than physical. Damages may include emotional challenges, such as anxiety, fear, insomnia, and grief. If you become involved in a truck accident, immediately call for medical help and law enforcement. Even if injuries appear minor at first, visiting a hospital will help your case, and your body, and some injuries appear days after an accident. Hire a personal injury attorney who is experienced in truck accidents, and driven to help you obtain the compensation you deserve.
If you or someone you know has been injured in a car crash or truck accident and are in need of an accident attorney in Miami, Fort Lauderdale, West Palm Beach, Naples, Ocala, Orlando, Tampa, Gainesville, Jacksonville, Tallahassee, Ft. Myers or any other city in Florida –remember after 911, call 411! 1-800-411-PAIN can put you in touch with an experienced, aggressive network attorney who will fight for your rights and get the maximum compensation you deserve. Don’t forget to follow 411 PAIN on Twitter (@411PAIN), keep up with the conversation at #411PAIN and check out the 411 PAIN event gallery 411painevents.com!