Determining who can be sued in a truck accident case may be more complex than in a typical traffic accident case. In Florida, if the truck that caused your accident was a commercial vehicle, the company that owned and operated that truck may be liable for the accident. In many cases, victims of Tampa-area truck accidents pursue compensation from the trucking company or corporation that employs the at-fault truck driver.
Under some circumstances, however, there may be other liable parties. If the truck was independently owned and operated, a lawsuit may go against the driver. If a negligent parts manufacturer, maintenance company, or municipality caused or contributed to the accident, a lawsuit may go against them.
The Defendant in a Truck Accident Case May Be a Trucking Company
Florida liability law adheres to the principle of vicarious liability. This means that if an employee’s negligence causes an accident during the typical course of work, the employer may be liable for the accident.
Accordingly, if the truck driver who injured you was an employee on the clock, you may be able to sue their company for damages.
Other times, a trucking company’s negligence causes a truck accident by:
- Not maintaining their vehicles
- Not training drivers
- Forcing drivers to work an unsafe number of consecutive hours
There May Be Other Parties Who Can Be Sued
In some cases, the trucking company is not the only party you may be able to hold accountable for your Florida truck accident injuries and losses. There may be other parties whose negligence played a role in your accident. This may come in the form of a parts manufacturer, maintenance company, or someone tasked with loading the truck.
For example, if a tire failure caused the truck driver to lose control of the rig and cause your accident, the tire manufacturer may be a defendant in your lawsuit if they designed, manufactured, or sold defective products that led to injuries.
Sometimes, determining what caused a traffic accident, proving negligence, and identifying the vicariously liable or accountable parties can be complex. When you work with a truck accident lawyer on your case, they may be able to hire accident reconstruction experts to get a better understanding of what happened and to identify the liable parties in your case.
Working with a Lawyer on a Truck Accident Case
A truck accident lawyer may be able to provide you with a variety of legal services when they represent you. This may include:
- Identifying the liable party in your case gathering evidence against them
- Collecting evidence of the value of your damages
- Filing your claim and demanding a fair settlement agreement from the responsible party’s insurance company
- Taking your case to trial if need be
It is important to keep in mind that under Florida Statutes § 95.11, you typically have four years to pursue a personal injury lawsuit and 2 years to pursue a wrongful death lawsuit in Florida. If you wait too long and try to file a lawsuit after this deadline, it could be dismissed.
Distasio Law Firm May Be Able to Help You
Distasio Law Firm represents Tampa area truck accident victims in settlement negotiations and personal injury lawsuits. We believe in accountability. That is, if you suffered injuries in a truck accident caused by someone else’s negligence, we want to help you hold the liable party responsible for the damages you sustained if there is evidence available to do so. One of the first things we will do when we go to work on your case is make a preliminary decision about who can be sued in your truck accident case.
Whether you have a Tampa-area truck accident case or a case anywhere in Florida, you can discuss it with a member of the truck accident team from Distasio Law Firm today at no cost to you. We offer case reviews to all truck accident victims in our service area because we know how stressful this time can be for you and your family. You should know your rights and know that we are here to help.
Call (813) 259-0022 now to get started with your complimentary consultation. We may be able to help you recover compensation for your medical bills, lost wages, pain and suffering, and more. Distasio Law Firm represents clients on a contingency-fee basis with no advanced payments due.