Who can be sued in your Orlando truck accident case will rest on the details of your situation.
However, some liable parties in a truck accident could include:
- The truck driver
- The individual employer of the trucker
- The company that employed the truck driver
- The company who built the truck or oversaw its repairs
- A government entity if environmental conditions, such as the state of the road, contributed to your accident
- Any other individuals or entities whose actions (or failures to act) contributed to the collision
Accidents involving commercial trucks can become complicated because of the number of potential parties involved. Each of these parties may have different insurers or try to deflect liability. Additionally, managing communications between these entities can also become challenging. Following a collision, many injured claimants choose to work with a lawyer who can handle the hurdles involved in filing a truck accident lawsuit.
Determining Liability for a Truck Accident
To successfully recover damages, you must prove that another party’s negligence contributed to your losses.
In the eyes of the American Bar Association (ABA), a party could be held responsible for your losses if:
- Their actions led to you being harmed.
- Their failure to act led to you being harmed.
A lawyer can determine whether the actions of one or more parties constitute negligence. For example, if you were struck by a truck driver who was intoxicated at the time of the crash, their intoxication could be the basis of your lawsuit. Who can be sued in an Orlando truck accident will rest on the details of your situation. However, in general, if a party’s negligence caused the collision, they can be held responsible.
Factors in Determining Truck Accident Liability
If you work with a lawyer, they can investigate the details of your case and determine liability. During their investigation, they may be able to identify multiple elements that contributed to your losses.
These elements could include:
- The stated cause of your accident, whether it is driver error, vehicular malfunction, environmental factors, or otherwise
- The employment status of the driver involved in your accident and how that status impacts liability
- The complete spectrum of conditions, actions, or failures to act that precipitated in your accident
Under Florida Statute §95.11, you typically have four years from the date of your accident to file a lawsuit. However, some facets of your case may grant you additional time to act. In that situation, a lawyer can explain in further detail how Florida’s statute of limitations applies to your case.
Examples of Compensable Truck Accident Damages
According to the Federal Motor Carrier Safety Administration, the heaviest trucks on today’s roads weigh upward of 80,000 pounds. In the event of an accident, these vehicles can cause life-threatening injuries and other extensive losses.
Some compensable damages following a truck accident include:
- Injury-related expenses, such as medical care and the cost of rehabilitation
- Therapy for the psychological harm that developed following the accident
- Lost wages and any decline in your earning power associated with your injuries
- Pain and suffering and inconvenience
One of the things a lawyer can do is assign a monetary value to each of your losses. This will grant you a better understanding of what constitutes a fair settlement offer.
Call the Law Offices of Anidjar & Levine Today
At the Law Offices of Anidjar & Levine, we pride ourselves on offering responsive legal care to injured claimants. If you suffered losses in a collision, we can advise you on your legal options, including who can be sued in an Orlando truck accident case.
Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free consultation.