Who is Liable for a Truck Accident in Tampa?
Due to the sheer size and weight of 18-wheelers, truck accidents are the cause of many tragedies on the roads in Tampa, and throughout Florida. If you or someone you love has been hurt in a truck accident by another person’s negligence, you do have rights and determining fault is a central issue. Unlike in accidents involving two passenger vehicles, there are multiple parties who may be at fault for a truck accident. Below, our Tampa truck accident attorney outlines the potential liable parties for these crashes.
The Truck Driver
Many people assume that truck drivers are at fault for a crash. Although this is often true, that is not often the case. Still, truck drivers can act negligently and cause a crash that results in catastrophic injuries. For example, a trucker may drive while distracted by a phone or the systems in the truck. Many truck drivers also use alcohol or other substances while behind the wheel, as they believe it helps keep them awake even though this is very dangerous behavior.
The Trucking Company
Many people do not realize that trucking companies are also often liable for accidents. Trucking companies, and other employers in the state, can be held vicariously liable for the negligent actions of their employees. Vicarious liability is a legal concept that holds employers responsible for the risks associated with an employee’s work because the employee is working on behalf of the employer.
Trucking companies can also be held liable for their own negligent actions. For example, if trucking companies fail to properly hire truck drivers and do not ensure drivers are properly trained, trucking companies can be held liable.
Truck or Truck Parts Manufacturer
All manufacturers in Florida have a legal obligation to ensure their products are safe to use and will not cause harm to anyone. This includes manufacturers of trucks and truck parts. There are many different truck parts that are commonly defective, including tires, braking systems, and steering columns. When a part on a truck is defective and causes a crash, the manufacturer can be held strictly liable. This means injured parties do not have to prove the manufacturer was negligent. They must only prove that a truck part was defective and that they were injured as a result.
Third Parties
There are many different third parties that can be held liable for truck accidents. For example, any company that inspects a truck or performs maintenance on it can be liable if the work is not done properly and causes an accident. Additionally, truck drivers and trucking companies often use third-party cargo loading companies to load the cargo into the truck. When cargo is not loaded properly, it can shift during transport and cause a crash.
Our Truck Accident Attorney in Tampa Can Determine Liability
Truck accidents in Florida are complex for many reasons. One of the most complicated aspects of any truck accident click is determining who is liable. At Moore Law, our experienced Tampa truck accident attorney can determine who is to blame for your crash and hold them fully responsible for paying the full and fair damages you deserve. Call us now at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
law.cornell.edu/wex/negligence
