Who Can Be Held Liable in Commercial Vehicle Accidents?

Businesses in Florida rely on semi-trucks to deliver their goods across the nation, making these large commercial vehicles a common sight on the state’s highways. However, it takes a great deal of skill to handle one of these behemoth vehicles. One wrong move could lead to disaster. When a person is injured in a crash involving a commercial vehicle, they may incur substantial damages that they wish to recover through a personal injury lawsuit.

It is important for those who wish to pursue a lawsuit after a semi-truck accident to name all the possible defendants. The failure to name a defendant could result in a person recovering less in compensation than what they should have been due. Of course, whenever a person is involved in a truck accident, they may believe the truck driver was at fault and name the truck driver as a defendant. However, under a legal concept known as “vicarious liability,” truck companies may also be at fault for truck accidents if the trucker was an employee of the company and the accident occurred during the normal course of business.

There are a number of ways to prove that a trucker or truck company is liable for the truck accident. For example, if they did something that was against the law that lead to the accident, they may be held liable through a concept known as “negligence per se.” This means that by breaking the law and causing a crash, the trucker or truck company is assumed to have breached their duty of care, which caused the crash. Of course, a truck accident victim could also pursue a lawsuit based on the theory of ordinary negligence. To do this, they’d have to prove that the truck driver owed a duty of care and that duty was breached. They would also have to show that the breach both actually and proximately caused them to suffer some sort of damages.

As this shows, pursuing compensation after a truck accident can be a highly nuanced affair. It is important that all appropriate parties be held accountable, and it is also important that the right legal argument is chosen. It takes a solid understanding of the law to prevail in such actions, so victims of commercial vehicle accidents in Florida will want to make sure they have all the information they need to make educated choices.

Source: FindLaw, “Truck Accident Law: What You Need to Know,” accessed May 6, 2018

Categories

Hear From Past Clients

    He Earned My Respect & Trust

    “Andrew came highly recommended by a friend who is a lawyer. In the courtroom, he is incredibly prepared. In giving advice, he steers his clients down the right road. I feel like was looking out for my best interest.”

    - Chip S.
    Very Grateful

    “Everyone at Canan Law was friendly and hospitable. Attorney John Westfield was very professional. He listened very well and always had our best interests in mind. Most importantly, he was prepared in court.”

    - Markell F.
    Thank You For Everything You Have Done

    “Their entire team was very professional and knowledgeable about my specific case. They took time to explain in detail what they were doing every step of the way. I was EXTREMELY satisfied with the end result.”

    - Hamid B.
    I Couldn't Be Happier

    “A wealth of talent at this firm. Responsive and direct; they valued my time and money. My outcome was exactly what I expected despite the many changes that I presented them.”

    - Steve K.
    Very Pleased with Every Aspect

    “I was very pleased with every aspect of Canan Law. They walked us through a difficult situation and were available and courteous throughout. I felt they heard and understood me.”

    - Dana P.

The Firm You Can Trust

Put Our Team On Your Side Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.