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Is the Truck Driver Always Responsible for a Florida Truck Accident?

truck accident in Florida

Florida highways are littered with large, 18-wheel company vans and tractor-trailers. Weighing up to 80 thousand pounds, many precautions are taken to ensure these mammoths can cruise as safely down our streets as possible. For example, truck drivers must follow a strict schedule and can only legally be behind the wheel for so long before they must pull the vehicle over and seize driving. 

When an 18-wheeler is involved in an accident with another motor vehicle on the road, is the trucker driver at fault? This answer depends on the circumstances around the accident. Was the truck driver exhibiting reckless, negligent, or illegal behaviors? Or was it because the car driver was speeding in their blind spot? Either way, if you have been the victim of a truck accident because of another’s negligence, a personal injury lawyer can help. 

How Is Liability Established in a Florida Truck Accident? 

As with any other motor vehicle accident in the Sunshine State, liability is established through the four components of negligence. These include: 

  • Duty of care: While driving on the road, there is an expectation that all drivers adhere to the law and take precautions to keep other drivers safe. This includes truck drivers following their driving limits as well as other drivers not following the tractor-trailers too closely or speeding in their blind spots. 
  • Breach of care: By driving recklessly, negligently, or illegally, you are directly breaching the owed duty of care. 
  • Causation: When the breach results in an accident with one or more parties, this is known as causation or a link. 
  • Damages: Any damages incurred due to the breach of care leave the negligent party at risk of being held liable. 

If the at-fault party has demonstrated the four components of negligence, your attorney can use evidence like eyewitness testimony and traffic camera footage to establish liability. 

Potential Damages for the Victims of a Florida Truck Accident

A truck accident can result in serious injuries that may take months of medical bills, rehabilitative therapy, and lost wages to recover from. In this case, potential damages for victims of a truck accident are eligible for economic and non-economic damages. 

Economic damages are tangible items with an already defined price point. Examples of this include your hospital bills, damages to your vehicle, the cost of lost wages due to missed work, and so on. Non-economic damages are the losses not so easily financially measured, such as loss of consortium, anxiety, PTSD, and more. Though it may feel weird to put a financial amount on your suffering, your attorney can help establish an appropriate figure. 

Injured in a Truck Accident? Speak to a Dedicated Attorney Today

Don’t try to navigate your personal injury claim alone. Without the help of a dedicated attorney by your side, the insurance companies will leave you with a low settlement and only slightly-smaller stacks of bills. McPherson & Thomas, P.A. understands the trauma being in a truck accident can cause, both physically and emotionally. We have spent decades helping Floridians get the compensation they deserve after a motor vehicle accident, and we would love to do the same for you. 

We don’t see any money unless you win. Similarly, if you are unhappy with our services or consultation within the first 60 days, you can cancel for any reason. We’ll hand over all case files, findings, and more, no questions asked. To see how we can best help you today, please give us a call at (727) 848-8892 or fill out our contact form.

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