How To Prove Liability for a Truck Accident in Florida

Were you severely injured, or did you lose a loved one in a truck accident in Florida? Do you believe that the truck driver, the trucking company, or someone else was responsible for the crash? If so, you could be eligible to seek compensation, but doing so will require proving that another party was at fault.

Identifying and securing the evidence necessary to prove liability for a truck accident can be challenging. Crucial evidence could be lost, cleaned up, destroyed, or altered, so it is vital to contact an experienced truck accident lawyer right away for help.

The Tampa Bay truck accident attorneys at Zervos & Calta, PLLC, have over 50 years of combined experience and know what it takes to prove liability in a truck accident claim. Our knowledge and experience have helped us recover millions in compensation for our clients.

Find out how we can help you. Contact us today for a free initial consultation.

Who Could Be Liable in a Florida Truck Accident?

Some of the parties that may be liable for a truck accident include:

• Truck driver — Most truck accident claims start with an investigation of the truck driver, as they’re the ones who are ultimately responsible for safely handling their vehicle. If a truck driver was impaired, distracted, fatigued, speeding, driving recklessly, disobeying traffic laws, or otherwise negligent immediately before the crash, they could be liable for any resulting injuries.
• Trucking company — Trucking companies are required to make sure their drivers comply with state and federal regulations and that drivers are qualified and have a safe driving record. If a trucking company ignored or missed a truck driver’s negligent actions or hired an unqualified driver or one who had a history of prior accidents, they might be liable for a crash. If the trucker was a trucking company employee, the company would be vicariously liable for the driver’s negligence.
• Vehicle and parts manufacturers — Tractor-trailers and other commercial vehicles are more susceptible to mechanical defects than passenger vehicles because they’re heavier and are made up of more parts. If a crucial truck component or system — such as the tires, brakes, transmission, etc. — fails unexpectedly while the truck is moving, it could cause a crash. The manufacturer of the truck and its parts could be held liable for truck accidents caused by mechanical defects.
• Maintenance and cargo companies — To prevent catastrophic mechanical defects, trucks have strict maintenance schedules. Similarly, a truck’s cargo needs to be loaded and secured correctly to prevent it from shifting or coming loose in transit. If maintenance companies or cargo loaders fail in their responsibilities and an accident occurs, they could be liable for the crash.

What Evidence Is Needed to Prove Fault for a Florida Truck Accident?

To recover compensation after a truck accident, you’ll need persuasive evidence that the truck driver or another party was somehow negligent and that their negligence caused your injuries. Some of the evidence commonly used in truck accident claims includes:

• Police accident reports — A police report of the accident usually contains basic information about a truck crash, including whether the police issued any citations after completing the investigation. Police reports of the accident may also have other evidence of negligence, such as a blood test showing that the truck driver was impaired before the crash.
• Eyewitness accounts — Eyewitnesses may have seen the truck driver behaving negligently, which may help establish liability. They may have witnessed the driver texting while driving, looking at a GPS device instead of the road, nodding off due to fatigue or the influence of alcohol, etc.
• Electronic data recorder — Most new trucks are equipped with devices that monitor the vehicle’s speed, direction, braking and steering inputs, and other information. These are sometimes referred to as the “black box”. This data can help determine what the truck driver was doing in the moments leading up to the crash, which could indicate they were acting negligently.
• Truck driver’s logs — Truck drivers must keep detailed records of their routes and the stops they make along the way. This information can help provide a timeline of the driver’s actions, and it could indicate that the driver had gone too long without taking a mandatory rest break.
• Medical records — In addition to documenting the injuries you’ve suffered, your medical records can help shed light on the cause of your injuries, which is crucial to establishing liability.

How Is Fault Determined in a Florida Truck Accident?

Fault is a tricky subject with any motor vehicle accident in Florida because of the state’s no-fault laws. Florida law does not allow accident victims to file personal injury claims against another driver unless the victim can show that they’ve suffered severe injuries that meet a certain threshold. If you can provide evidence that you’ve suffered significant injuries in an accident, you can proceed with your claim.

Once you’ve established that your injuries are severe enough to warrant a personal injury case, you’ll need to gather evidence showing the truck driver or other parties were somehow negligent. In legal terms, negligence means someone had an obligation to avoid injuring another party, but they failed in that obligation. For example, a truck driver who doesn’t follow required hours of service guidelines and gets in a crash because they’re severely fatigued could be considered negligence because they broke federal trucking regulations.

In some truck accidents, multiple parties are at fault, in which case you’ll need to file multiple claims to recover fair compensation. If you are found partially at fault for a truck accident, don’t panic. Florida’s comparative negligence rules mean that you can still claim compensation after an accident even if you are partially at fault. However, your award could be reduced according to your percentage of liability.

What Do You Do After a Semi-Truck Accident in Florida?

Here are the most critical steps to take after a truck accident:

• Call 911.
• Document the accident scene as best you can.
• Seek medical treatment as soon as possible.
• Follow your prescribed treatment regimen.
• Don’t say anything on social media or talk to an insurance company.
• Save all your medical records, bills, and proof of lost income.
• Contact a truck accident attorney.

Get Help from Our Experienced Florida Truck Collision Lawyers

Proving liability in a truck accident case can be a challenge, but it’s one we’re well-equipped to handle at Zervos & Calta, PLLC. Contact our Florida truck accident attorneys in Tarpon Springs, Spring Hill, Clearwater, St. Petersburg, or other Florida cities today for a free initial consultation.

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.