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Personal Injury Litigation for 18-Wheeler Commercial Trucks

semi truck

Introduction

2 minute read

Trucking accident litigations are much different from typical vehicular accidents involving only private citizens because trucking accidents often involve a business or commercial organization and a private citizen. Most often, the common claim against the trucking company is a negligence claim because the employees that drive the vehicles are the ones to actually caused the accident. Under a theory of vicarious liability, employers are typically held liable by virtue of their employee’s actions. Typically, the negligence of an employee acting within the scope of his work project that liability onto the company and force a lawsuit that will either be formally filed or settled.

There can be many causes to a trucking accident, as stated by the insurance Institute for Highway safety. According to Consumer Notice, some of these causes could be driver impairment, equipment failure, driver fatigue, or maintenance issues.[1]

In the State of Florida, comparative negligence is the theory that most opposing defense counsel will use to attempt to mitigate the cost of damages.[2] Comparative fault means that a percentage of the fault is apportioned to the damages of each party in the lawsuit. This means that if a trucking company with an 18-wheeler collides with a private person on the highway, damages will be comparatively apportioned depending on the amount of negligence on each party at fault.[3]

When an accident occurs involving an 18-wheeler trucking company, there must be an accident site investigation report. This is typically done because of the policies set forth by the commercial trucking company for their regularly conducted business records purposes. Factors that will determine the negligence of the accident or things like the length of skid marks, the trajectory of impact, and the weight and load of each vehicle.

If you or a loved one have been injured by an 18-wheeler, tractor-trailer, or a commercial trucking company, we are here to help. Please give us a call at the Orlando Accident Attorney at 407-706-3909.

Date: April 11

Author: Brandon Salter


[1] https://www.consumernotice.org/legal/truck-accident-lawsuits/

[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

[3] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html