Florida Truck Accident Laws

Trucks and commercial vehicles are subject to specific regulations enforced by the Florida Department of Transportation (FDOT) and the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern various aspects, including driver qualifications, vehicle maintenance, hours of service, cargo securement, and more. Violations of these regulations may strengthen a claim of negligence against the trucking company or driver.

To bring a successful personal injury claim against a truck driver or company, you will need to prove that the truck driver was negligent.

To prove that the truck driver was negligent, you will need to show that:

• The truck driver owed you a duty of care
• The truck driver breached that duty
• The breach of duty caused an injury
• You were injured

For example, if a truck driver is driving on the highway and does not see you in their blind spot, they may be negligent. If they do not see you, they are breaching their duty of care to you. If that breach of duty causes an accident, you can bring a claim against the truck driver. If you are injured in a truck accident, you need an attorney who can help you navigate the legal system.

If a non-commercial driver is partially at fault, Florida follows the legal principle of comparative negligence. This means that even if the plaintiff is partially responsible for the accident, they can still recover damages. However, their compensation may be reduced based on their percentage of fault.

Who Can Be Held Liable in a Truck Accident in Florida?

In a truck accident case in Florida, liability can potentially be attributed to several parties involved in the accident. The specific circumstances surrounding the accident will determine who may be held liable.

The following are some parties that could potentially be held responsible:

• Truck driver: The driver of the truck may be held liable if their negligence, such as distracted driving, speeding, fatigue, or driving under the influence of drugs or alcohol, contributed to the accident.
• Trucking company: The trucking company that employs the driver may also be held liable under certain circumstances. If the company failed to properly train the driver, neglected to conduct regular vehicle maintenance, encouraged or allowed violations of safety regulations, or employed an unfit or unqualified driver, they may share in the liability.
• Truck owner: If the truck involved in the accident is owned by a different entity than the trucking company, such as a separate leasing or maintenance company, the owner may be held liable for negligent maintenance or any other issues that contributed to the accident.
• Maintenance and repair contractors: If the accident resulted from faulty maintenance or repairs, the company or individual responsible for maintaining or repairing the truck may be held liable.
• Cargo loaders: In some cases, if the cargo in the truck was improperly loaded or secured, causing the accident or exacerbating its severity, the responsibility may fall on the party responsible for loading the cargo.
• Manufacturers or distributors: If the accident was caused by a defect in the truck or any of its components, such as faulty brakes, tires, or steering systems, the manufacturer or distributor of the defective parts may be held liable under product liability laws.

How a Truck Accident Lawyer Can Help You

After a truck accident, you may be overwhelmed. You may not know where to go for medical care, how to file a claim, or how to deal with the insurance company. You may also be concerned about how you will pay for your medical bills and lost wages. Our Orlando truck accident lawyer can help you through this difficult time. 

Call (407) 753-1312 or fill out our online contact form today to request a free case evaluation.