Switch to ADA Accessible Theme Close Menu


A constant source of help for your family in times of need, we’re available 24/7 in person, by phone and video conference. Call us anytime for an always free consultation.

Florida Personal Injury Lawyers
Call, Text, or Chat: 1-888-LPENDAS
Free Initial Consultation
protected by reCAPTCHA Privacy - Terms

Liability for Commercial Trucking Accidents in Tampa, FL


Almost any accident in which a semi-truck is involved is a devastating one. Commercial big rigs are several times the size of non-commercial trucks and cars, and as such do several times the damage. Fortunately, personal injury law allows you to sue for whatever injuries and losses you accumulated as a result of the accident. If you were recently involved in a truck accident in Tampa, FL, you have a few different options when it comes to recovery. However, in order to determine what legal action to take, you must first determine liability. At The Pendas Law Firm, our Tampa truck accident lawyers will help you prove liability and determine the best way to pursue the compensatory damages.

Company Liability

To many truck accidents victims’ surprise, the driver is not always responsible for the accident. Sometimes, the driver’s company may be held accountable. In personal injury law, there is a theory called “respondeat superior” which means that an employer is essentially responsible for any wrongful acts committed by its employees or agents. However, the acts must have been unintentional and must have been committed within the scope of employment. So for instance, if the trucker was just doing his or her job and transporting materials, and was doing so on company time and under company direction, the company may be liable for the accident. However, if the trucker was driving the big rig off of company time, they made be held accountable for any injuries or damages caused by their actions.

Typically, suing under the theory of respondeat superior is the better route to take, as businesses generally have more money than individual truck drivers. However, having more money also means that they have more resources to expend towards insurance coverage, lawyer fees, and litigation.

Is the Driver an Employee or Independent Contractor?

It will be important to your case to know whether the driver is an employee of the company or an independent contractor. If the driver is an independent contractor, the company may not be held liable for his or her wrongful acts. However, that all depends on the language of the contracts between the driver and the company, and how much control the employer had over the way in which the job was to be accomplished.

What Qualifies as “Within the Scope of Employment?”

It is always difficult to determine whether or not an employee acted within the scope of employment where accidents are concerned, but Florida courts have established some factors to help sort out this issue. They include:

  • Intent of the employee at the time of the accident;
  • The nature, time, and place of employee’s conduct;
  • Type of work the employee was hired to do;
  • Incidental acts the employer reasonably expects the employee to take;
  • The amount of freedom allowed to the employee in performing his or her duties; and
  • The amount of time consumed in the personal activity.

Consult a Trucking Accident Lawyer

Truck accidents can be scary and emotionally and physically devastating. If you were recently involved in a truck accident in Orlando, you are entitled to legal compensation. To learn more about how to file a claim against an individual trucker and/or his or her company, reach out to our Tampa truck accident lawyers at 888-LPENDAS to schedule an initial consultation. You can also contact us online.

The Pendas Law Firm also serves clients in the Orlando, Fort Lauderdale, West Palm Beach, Fort Myers, Miami, Daytona, Bradenton, and Jacksonville areas.



Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “5 stars for these guys! Hays Mathis got my case settled without going to court for a sum that dwarfed what the other guys were advising me to take. I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” - Jacksonville -

    Mike Reilly
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald