You can sue a trucking company for an accident caused by its driver. Employers have vicarious liability for their employees. If the truck driver was on the clock at the time of the accident, you could seek compensation from their employer.
You can file an insurance claim with the trucking company’s provider. You can also file a personal injury or wrongful death lawsuit.
For a free legal consultation, call (800) 747-3733
Florida Applies Vicarious Liability
Florida law establishes employers’ liability for the damages and injuries their employees cause while on duty. In addition, Florida Supreme Court decisions have upheld the common law doctrine of respondeat superior, holding that an employer bears responsibility for any negligent behavior their employee engages in on its behalf.
When Does Vicarious Liability Apply?
Vicarious liability applies whenever the truck driver is on duty. This time includes when a truck driver must take a break per the Federal Motor Carrier Safety Administration’s (FMCSA) hours of service regulations.
For example, vicarious liability would still apply if a truck driver violates these mandatory break requirements and gets into an accident when they should have been off the road.
Trucking Companies Can Also Be Directly Responsible for Accidents
A truck accident results directly because of a trucking company’s actions in some cases. For example, the following scenarios would make a trucking company liable.
The Trucking Company Failed to Vet and Train Its Driver
Truck drivers must carry a commercial driver’s license and possess specific training to operate large vehicles. Therefore, trucking companies must check for these qualifications before hiring drivers.
Similarly, suppose a trucking company fails to conduct background checks for its drivers. In that case, you could hold it responsible for an accident involving an intoxicated driver with a record of DUIs.
The Trucking Company Failed to Inspect Its Vehicles
Trucking companies must perform regular inspections and maintenance of their vehicles. They must safeguard against malfunctions that could lead to an accident. If they do not regularly inspect and maintain their trucks per the FMCSA’s standards, you could hold it responsible for damages resulting from defective auto parts.
A Trucking Company Forces a Driver to Work Long Hours
Some trucking companies take risks to increase their productivity. For example, they may force their drivers to take on extra shifts that violate the FMCSA’s hours of service regulations. When a company does this, it puts fatigued drivers behind the wheel, placing everyone’s safety on the road at risk.
Our Truck Accident Lawyers Can Handle Your Case
After a truck accident, you will want to focus on healing from your injuries. We can handle your personal injury or wrongful death case while you rest and recuperate or grieve your loved one. We can:
- Investigate the crash
- Gather evidence, such as black box data, police reports, and eyewitness testimony
- Calculate your damages
- File your claim or lawsuit
- Handle all the necessary paperwork
- Communicate with the insurers and defense attorneys
- Negotiate a settlement
- Represent you at trial
Trucking companies are large corporations, and you might feel intimidated to contend with their insurers. They may deny liability and work to undervalue or deny your claim. We can step in and advocate on your behalf.
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The Compensation You May Receive
Truck accident injuries are often severe. You deserve fair compensation to account for the treatment you require. You can pursue damages for:
- Current medical expenses
- Future medical treatment
- Lost income, including bonuses, benefits, and paid time off
- Reduced earning capacity
- Pain and suffering
- Loss of quality of life
- Scarring and disfigurement
Additionally, if you lost a loved one to a truck accident, we can help you file a wrongful death claim or lawsuit. You shouldn’t have to deal with insurers or defense attorneys while grieving a loved one. Instead, we can take care of the legal process while you honor their memory.
You may recover their funeral expenses, medical bills, loss of inheritance, and other damages. We can determine who is the estate representative and act on their behalf.
We Take Truck Accident Cases on Contingency
You won’t face upfront legal fees or hourly retainers when you work with us. We work on contingency, so we only take our payment from any settlement or verdict we win on your behalf.
This way, you can rest easy knowing that hiring a lawyer will not risk further financial strain.
The Law Offices of Anidjar & Levine Wants to Fight for What You Deserve
You don’t have to take on your truck accident case alone. We can help you hold the trucking company accountable for an accident caused by its driver under the doctrine of vicarious liability. You deserve fair compensation that can help with your medical bills, lost wages, and other losses.
For a free consultation, call us today at 1-800-747-3733. We can discuss your case and give you an idea of what our firm can do for you. We can get started on your case immediately.