Truck accidents can cause devastating injuries and catastrophic property damage. If you were involved in a truck accident in Florida, you could be entitled to recover compensation for medical expenses, lost wages, and other losses you suffered due to the accident.
Florida is a no-fault insurance state, meaning if you are injured in a motor vehicle accident, you would typically turn initially to your own personal injury protection (PIP) policy for coverage. This is regardless of who was at fault for the accident. However, depending on the severity of your injuries, you might be able to bring an insurance claim or personal injury lawsuit against the at-fault truck driver.
If you or a loved one sustained serious injuries in a truck accident in Tarpon Springs, Spring Hill, Clearwater, St. Petersburg, or other Florida cities, contact the attorneys at Zervos & Calta, PLLC, to discuss your case and review your legal options. We offer a free, no-risk initial consultation to all potential clients. Contact us today!
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How Is Fault Determined in a Florida Truck Accident?
Determining fault in a truck accident can be complicated, particularly if the truck driver is not the only liable party, but a seasoned truck accident attorney can help. To identify the liable party or parties, your attorney will need to gather evidence, such as the following:
- The truck’s event data recorder, or “black box”
- The truck driver’s travel log and inspection records
- Truck driver’s driving history and violation records
- Truck maintenance history
- Cell phone records
- Surveillance video footage
- Photo evidence from the scene
- Witness testimony
- Accident reconstruction expert testimony
Obtaining this evidence can be difficult. To avoid bearing liability for an accident, the trucking company may tamper with or destroy certain pieces of evidence that demonstrate fault.
That’s why it is crucial to work with a skilled Florida truck accident attorney. Your attorney will move quickly to gather and preserve the evidence needed to determine fault. They can even use the legal system to force the trucking company to hand over certain pieces of evidence if they resist.
Who Is Liable in a Florida Truck Accident?
There may be multiple liable parties involved in a truck accident, which is why they are so challenging to investigate. While it might seem obvious that the truck driver is responsible for the accident, many other parties could have contributed to it. Potentially liable parties include the following:
The truck driver – In most cases, truck driver negligence is responsible for truck accidents. Common types of negligence that truck drivers engage in include distracted driving (such as texting or talking on the phone), drunk or impaired driving, fatigue, aggressive driving and road rage, speeding, failing to yield the right of way, following too closely, and more.
The trucking company – In some cases, the trucking transport company could also be liable for losses resulting from an accident. Trucking companies put enormous pressure on drivers to make deliveries on time. If an investigation finds that the trucking company pressured a driver to exceed their hours of service limits to make more deliveries, they could be held partly liable if the driver becomes fatigued and causes an accident. A trucking company may also be responsible for a crash when they negligently hire or fail to train their drivers.
The truck owner – In some instances, trucking companies lease trucks from third parties. If the truck’s owner leased a defective truck to the trucking company, they could be partly liable if a mechanical issue contributed to the truck accident.
Third-party maintenance company – Some trucking companies outsource maintenance and inspection duties to a third-party maintenance company. The maintenance company could be held partly responsible if a truck accident occurs because they were negligent in their maintenance duties.
Cargo loaders – Unsecured cargo can also contribute to a truck accident. If the cargo shifts around inside a trailer and throws off a truck’s center of gravity, the truck could end up rolling over. If the trailer is open, unsecured cargo could come loose and fall into the road, causing collisions with vehicles. Cargo loaders can be held liable if unsecured cargo contributes to a truck accident.
Parts manufacturers – In some cases, parts manufacturers may be liable for truck accidents. For example, the manufacturer could be held responsible if defective brakes prevented a truck driver from stopping before causing a collision.
What Happens If Your Insurance Company Will Not Cover All of Your Damages?
Many Florida drivers will turn to their PIP plan (through their insurance company) for minor accidents due to Florida’s no-fault auto insurance rules. However, if you have exhausted your PIP coverage and still have outstanding expenses, you might be able to pursue additional compensation through an insurance claim or personal injury lawsuit against the at-fault party.
To qualify to step outside Florida’s no-fault system, you must have sustained a serious injury as defined by the state of Florida. “Serious” injuries include:
Significant or permanent limitation of use of a bodily function- Permanent injuries, other than disfigurement and scarring
- Significant, permanent disfigurement and scarring
- Injuries that result in death
While this might seem like a difficult standard to reach, you should speak with a truck accident attorney to see if you qualify. If you are eligible to step outside Florida’s no-fault system, you could also obtain compensation for non-financial losses, including physical pain, emotional distress, mental anguish, post-traumatic stress disorder, and loss of enjoyment of life resulting from the accident.
How Can You Prove Negligence in a Florida Truck Accident Case?
To prove that the truck driver or another party was at-fault, you have to establish that the driver was negligent and their negligence directly led to the accident.
For example, if the truck driver was texting at the time of the accident, that would be considered negligent behavior. The truck driver was distracted by their phone, resulting in the crash. Your attorney could use cell phone records, surveillance video, or witness testimony to show that the truck driver was using their phone prior to the crash.
Similarly, if the trucking company performs its own maintenance and inspections and overlooked a maintenance issue contributing to the accident, the trucking company would be considered negligent. Your attorney might refer to the trucking company’s inspection records to show that they failed to regularly inspect the truck for issues.
Contact Our Florida Truck Accident Legal Team Today
Were you or a loved one injured in a truck accident in Florida? Contact Zervos & Calta, PLLC, today for a free, no-risk consultation to discuss your case and review your options. Truck accidents are complex, but our attorneys have the knowledge and resources to help you pursue the fair compensation you deserve. Don’t delay, contact us today.
About the Author
Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.
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