Can You Sue the Trucking Company After an Accident in Florida?
If you’ve suffered severe injuries in a Florida truck accident, you might be wondering whether you can file a lawsuit against the trucking company. So, can you sue the trucking company after an accident in Florida? The answer to this question depends on the circumstances surrounding your accident. Determining whether the trucking company is legally liable for your injuries and damages depends on several factors, such as the relationship between the truck driver and the company, the cause of the accident, and negligence on the part of the trucking company. It is crucial to consult an attorney with experience handling truck accident cases. An experienced attorney can help you determine liability, explore your options, and seek your deserved compensation.
When Can You Hold a Trucking Company Liable?
According to Florida law, a trucking company can be held liable based on several legal arguments, including the following;
- Vicarious Liability
One of the legal theories that can allow you to hold a trucking company liable after an accident in Florida is the respondeat superior doctrine. Under this doctrine, employers are legally responsible for their employee’s actions when those actions occur within the scope of employment. If a driver employed by a trucking company causes an accident while on the job, the company may be held vicariously liable.
It is vital to note that vicarious liability may apply whenever a truck driver is on duty, including when they should be taking a break. So, if, for example, the driver violated mandatory break requirements and caused the accident when they should have been off the road, vicarious liability may still apply as long as the driver was acting within the scope of their employment.
- Direct Negligence
The second scenario under which you can sue a trucking company after an accident in Florida is if the company was directly negligent. Trucking companies may be negligent in several ways, including the following;
- Negligent hiring, training, or supervision: You can hold a trucking company liable if it hired a driver with a poor driving record, failed to train the driver adequately, or did not supervise the driver’s performance.
- Violating trucking regulations: If, for instance, the trucking company encourages the driver to exceed maximum driving hours, falsify logs, or skip inspections, and this behavior contributes to an accident.
- Inadequate truck maintenance: If a trucking company fails to inspect and maintain its vehicles regularly, it could be liable for injuries and damages resulting from defective auto parts.
How an Attorney Can Help
Suing a trucking company can be complex. Often, these companies and their insurers have legal teams focused on minimizing their liability. A skilled Florida truck accident attorney can investigate the accident, gather key evidence such as driver logs, black box data, and maintenance records, and help you build a robust case. Additionally, they can negotiate on your behalf and represent you in court if necessary.
Contact Our Orlando Truck Accident Lawyers
If you’ve been injured in a Florida truck accident, our skilled Orlando truck accident lawyers at The Pendas Law Firm are here to help you determine liability and seek the compensation you deserve. Contact us today via 844-200-0000 or online.
The Pendas Law Firm also represents clients in the Ocala, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.