After a Truck Accident in Florida, Should You Sue the Trucking Company or the Driver?
Truck and passenger vehicle accidents can be extremely dangerous for the occupants of a passenger vehicle. The sheer size and weight of a commercial truck can destroy a victim’s vehicle and can leave with them with severe or fatal injuries. That is why it is important to understand the parties that can be held liable for a truck accident. If you or a family member was involved in a serious trucking accident, contact an experienced Miami truck accident lawyer today. The Law Offices of Prosper Shaked understand how a severe car crash can dramatically impact a victim’s life, and we are here for you. Personal injury lawyer Prosper Shaked is here to explain the proper parties to sue after a trucking accident.
Who Is Liable for a Truck Accident in Florida?
In the wake of a severe truck accident in Florida, a victim could be left with long-term or permanent injuries, a totaled vehicle, extensive medical expenses, and likely the inability to work. As a result, a victim may wonder who they can hold liable in order to receive compensation for their injuries and the damage to their vehicle.
Truck drivers typically work for a trucking company that determines the destinations where a driver must deliver the items and materials loaded onto their vehicles. A trucking company will also dictate many other factors of a truck driver’s job, like the hours they are permitted to work and various other issues.
When a truck driver is operating a vehicle on an assignment from their employer, they are considered to be working within the scope of their employment. This means certain actions taken by a truck driver while performing their job could be imputed to their employer. This is referred to as vicarious liability.
Vicarious liability allows a claimant to hold an employer legally responsible for the actions of an employee. For example, if a truck driver is speeding in an attempt to complete their assignment within strict timeframes, there is a high risk that they could cause a serious commercial truck crash. If the truck driver causes an accident in this scenario, their employer could be held liable for their negligence.
It is important to note that a trucking company may attempt to refute claims of vicarious liability by asserting that a truck driver was an independent contractor instead of an employee. This would imply that the truck driver had more freedom to perform their job, which could affect the liability of the trucking company. If you are concerned about the status of a truck driver with a trucking company, you should consult with an experienced attorney to investigate the situation.
Determining Which Parties to Sue for Your Trucking Accident
If you were in a truck accident, determining which party to sue is a vital part of filing a lawsuit to recover compensation for your injuries and damage to your vehicle. The victim of a truck accident usually has the ability to sue the truck driver or the trucking company that employs the driver. In some cases, the other party could be drawn into the case despite the victim only filing a suit against one party.
While the truck driver is the party that caused your injury, they may not be the most desirable choice when it comes to filing a personal injury lawsuit. The reason for this is a truck driver may simply not have the capability to compensate a victim for a serious truck accident. As mentioned, commercial trucks like 18-wheelers can easily cause irreparable damage to a vehicle and could leave the victim with thousands of dollars in medical bills.
Alternatively, the trucking company that employs the driver is in a better position to handle a lawsuit. Not only should the trucking company possess insurance to protect against serious accidents, but they would also possess the financial capability to pay damages in a personal injury lawsuit.
However, there are other factors that may be considered when determining the appropriate party to sue after a truck accident. For example, there could be a third party that may be partly liable for the injuries of the victim. If you are unsure about the proper parties to file a legal claim against after a truck accident, do not delay in speaking with an experienced attorney.
Call Our Experienced Miami Truck Accident Lawyer Today for a Free Consultation
If you or a family member was a victim of a severe truck accident, consult with an experienced Miami personal injury lawyer today. Personal injury lawyer Prosper Shaked possesses an abundance of experience litigating a broad range of complex personal injury lawsuits, and he would be proud to use this experience to fight for you. To schedule a free case evaluation to discuss your claim, contact the Law Offices of Prosper Shaked at (305) 690-0244, or contact us online.