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Determining Liability for a Truck Accident

Determining Liability for a Truck Accident

If you or someone you love has been injured in a preventable accident involving a commercial truck, it is important to understand your right to compensation. By pursuing a personal injury claim, you can recover financial for damages that may include your medical bills, any lost income from missing work, and your pain and suffering, among others. In order to recover these damages, you must be able to show that another party is at-fault for causing your accident as a result of their negligence. The at-fault party can then be held financially liable for any damages you incurred as a result of the crash and your injuries.

Determining fault and liability can be a challenging process, especially in cases involving commercial vehicles. By working with our legal team at Roman & Gaynor, you can benefit from the assistance of two Board Certified Civil Trial Lawyers by The Florida Bar – Mark Roman and Morgan Gaynor – who have the requisite resources to fully investigate the accident and determine who can be held liable for your damages.

The facts and circumstances of your crash will determine who can be held liable for your damages. Common liable parties in a truck accident include:

  • Truck Driver – Many truck accidents are caused by driver error. Truck drivers have an important task of transporting heavy vehicles that carry heavy loads, and they are required to abide by a number of state and, if they engage in interstate travel, federal regulations. These regulations aim to reduce risks posed by tired or overworked drivers, drunk or drugged drivers, and drivers with a history of traffic violations and accidents. They also govern the responsibilities of drivers to properly secure cargo, drive safely, and ensure they do not pose unreasonable risks to public safety. When truckers commit safety violations, disobey traffic laws, or are otherwise negligent in causing a preventable crash they, or most likely the trucking company for whom they work, can be held liable for any damages victims suffer in a crash.
  • Trucking Company – In addition to being responsible for their drivers, including a duty to properly hire and train drivers, trucking companies must also abide by a number of regulations designed to keep others on the road safe. These include laws that make sure trucking companies properly maintain vehicles, secure cargo, oversee employees and mechanics, fix potential hazards, and take any reasonable measures to ensure their employees and fleet are as safe as possible. When they fail to do so, victims can pursue financial compensation from trucking companies, which must carry a minimum amount of insurance per law.
  • Auto Part Manufacturers – While most truck accident cases involve the liability of trucking companies, there are other types of crashes where other parties can be held at fault. One of these includes manufacturers of auto parts, which have a legal obligation to ensure they produce and distribute vehicle components that are free from design or manufacturing errors that can lead to malfunction or failure and cause trucks to crash. In these cases, victims can work with experienced lawyers to determine the underlying auto part defect responsible for their collision, and pursue compensation from the product manufacturer.

Every commercial truck accident case is different, which is why it is necessary to conduct an investigation into what exactly caused the crash, whether any violations were made by drivers or trucking companies, and the best available avenues victims can pursue to recover the maximum amount of compensation possible.

At Roman & Gaynor, our legal team has recovered millions in verdicts and settlements for our clients, including those injured in accidents involving trucks and commercial vehicles. We have the tools to handle these cases and the experience and skill to fight back against liable parties and insurance providers that want to dispute or deny liability. Learn more about your rights and how we can help by contacting us for a free consultation.

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