When there is a fatality in a truck and car collision, statistics show there is a 97% chance that the death will be of the person (or persons) in the car. Even when occupants of a car survive an accident with a truck, injuries are often severe and life-altering.
After a truck accident, Florida law requires each driver to exchange information and provide “reasonable assistance” to those injured in an accident. The Florida statutes list that the following information should be exchanged: name, address, the registration number of the vehicle, and a license or permit to drive if requested.
If a person is unable to exchange information, then the other driver has a legal requirement to call law enforcement and report the accident. Law enforcement has a legal duty to prepare reports for any crash involving a commercial motor vehicle or any accident which results in death, injuries, or render a vehicle inoperable. For all other accidents, Florida law requires drivers to submit a written crash report to the Department of Highway Safety and Motor Vehicles.
According to FindLaw.com, accidents involving big rigs or other large commercial trucks are often the fault of a passenger vehicle. Drivers of smaller (passenger) vehicles typically misjudge a truck’s speed, size, and braking ability. Other actions by drivers of passenger vehicles that may lead to a collision with a truck include:
- Driving in a truck’s blind spot or “No-Zone”, located beside or behind a commercial truck.
- Changing lanes directly in front of a truck.
- Driving to the right of a truck that is making a right-hand turn.
- Miscalculating the speed of a truck that is approaching an intersection, and making a left-hand turn in front of the truck.
- Cutting off the driver of a truck when merging into traffic.
- Not allowing a truck enough space when the truck begins to change lanes or merge.
- Passing in front of a truck with insufficient headway.
- Not taking into consideration air turbulence or cross-wind when passing a truck.
- Not accelerating sufficiently when pulling into traffic from the roadside in front of a truck.
- Driving between big rigs or commercial trucks.
- Failing to move an inoperable vehicle from the travel lane and safely to the shoulder.
There are three major events that would cause a truck driver to crash according to the Federal Motor Carrier Safety Administration. These events are: running out of travel lane and into another lane or off the road; loss of control of the vehicle due to heavy cargo, traveling at unsafe speeds, vehicle systems failure, or poor road conditions; collision with the rear end of another vehicle in the truck’s travel lane. The FMCSA also lists ten of the most reported “associated factors”, which are:
- Brake problems
- Traffic flow interruption
- Prescription drug use
- Traveling at unsafe speeds for conditions
- Unfamiliarity with roadway
- Roadway problems
- Stop requirements, such as traffic control devices or a crosswalk
- Over-the-counter drug use
- Inadequate surveillance
- Fatigue
Potentially Responsible Parties
Typically, there may be up to six parties who may be held responsible for a truck accident. In addition to the driver of the passenger vehicle and the truck driver, the fault may be found to lie with the trucking company, owner of the truck, cargo loaders, or manufacturers.
If the truck driver is found to have acted in a negligent manner, the truck driver would be found to be liable for the accident. The same rule applies to the driver of the passenger vehicle.
Trucking Company
For a trucking company to be at fault, it must be proven that the company acted negligently. For example, a trucking company cutting corners on safety or holding a truck driver to unreasonable expectations could be found at fault for a trucking accident. Oftentimes, a trucking company is found to share liability with a manufacturer when the incident involves a combination of cutting corners and faulty equipment to increase the speed at which a truck driver can deliver cargo.
The Owner Of The Truck
The owner of a truck, which provides the vehicle to a truck driver, has a legal responsibility to ensure that the truck is in safe working order and has proper commercial truck insurance. Responsibilities include checking the engine, ensuring the tires are safe and keeping the internal workings of the truck maintained. Federal regulations govern the inspection and maintenance of these vehicles, and if a truck owner does not follow these regulations they may be held liable for an accident.
Cargo Loaders
If the individuals responsible for inspecting and securing cargo on a truck, fail to perform their duties then they may be held liable if the cargo contributed to an accident by falling loose and damaging another vehicle or causing injuries.
Manufacturer
A truck manufacturer may be found at fault for an accident if it is found that there is a defect in one or more of a truck’s parts and that the defect contributed to the accident.
Call An Experienced Truck Accident Attorney
In Florida, the statute of limitations for filing a truck accident claim is *two years from the date of the incident. Failure to file a claim within the given timeframe means that an individual can no longer obtain compensation, and the liable party will not be held responsible for paying any damages for the accident.
Finding fault in a truck accident is complex, and injured parties need an experienced personal injury law firm on their side. At Panter, Panter & Sampedro, our skilled truck accident attorneys can help you to understand your options and seek compensation to cover medical expenses, lost wages, pain, and suffering, and additional damages. Give us a call today for your free case review at 305-662-6178.
*On March 24, 2023, Governor Ron DeSantis signed House Bill (HB) 837 reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence must now be filed within two years of the date of the alleged negligence or the claim will be forever barred.
Sources:
https://panterlaw.com/?s=truck+accident
https://www.findlaw.com/state/florida-law/what-to-do-after-a-truck-accident-in-florida.html
https://www.findlaw.com/injury/car-accidents/common-causes-of-commercial-truck-accidents.html
https://www.hg.org/legal-articles/determining-who-is-liable-for-a-truck-accident-47988
