·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

Truck Accident? The Fault May Not Rest on the Driver

— February 15, 2022

Unlike regular car collisions where it must be one of the drivers that’s responsible, in truck crashes the blame might lie elsewhere. 

There are tens of thousands of truck accidents in Florida each year. In 2017, for instance there were 32,000 crashes involving semis, tractor-trailers or huge 18-wheelers, and the consequences were terrible. 27 people lost their lives, 57 suffered life-changing injuries, while another 1,053 people were left with various injuries. 

If you were recently injured in this type of crash, you should get legal advice from experienced Florida truck accident lawyers before doing anything else. Here is why.

When you’re dealing with severe injuries, you’ll be very impressed if you get a call from the trucking company or their insurers. Here’s someone willing to help you out. Don’t be fooled by their fake compassion. Insurers handle similar accidents every single day and they know exactly what’s going through your mind. Besides your pain and your health concerns, you’re worried about money. How are you going to pay your mounting medical bills or for a new car, and who’s going to provide for your family while you’re in the hospital? Trucking companies and their insurers know you’ll be grateful if someone offers you some money and they’re trying to pressure you into agreeing into a quick settlement for a ridiculous sum. The more they pressure you, the more suspicious you should get. If they’re trying to settle it might be because they know the trucking company could be held accountable for the crash. Do yourself a favor and call an experienced Fort Lauderdale truck accident lawyer right away!

Unlike regular car collisions where it must be one of the drivers that’s responsible, in truck crashes the blame might lie elsewhere. 

If the accident was caused by a mechanical failure, you could file a lawsuit against the trucking company or the maintenance company they use. Maybe they were negligent and didn’t change or fix a part, so naturally they want to settle before you have a chance to find out.

Mechanic working on car; image by DokaRyan, via
Mechanic working on car; image by DokaRyan, via

As a matter of fact, the minute you retain a truck accident lawyer they will send out spoliation letters asking all the parties involved to preserve any documents relating to the accidents, including maintenance logs and the technical reports on the truck before and after the accident.

Your lawyers will also want to know about the load on the truck and how it was balanced and secured. Many truck accidents are caused by the load shifting, which can lead to the vehicle getting out of control or flipping over. If that is the case, you could sue the shipping company that did the loading.

Finally, your lawyers will investigate the truck driver, to see if they had received proper training. If they didn’t get training or if they had priors for traffic violations, including DUI, the company could be accused of bad hiring practices. Also, if it turns out that the accident was caused by driver fatigue, the company could be held accountable for failing to enforce federal road safety regulations on working hours for truckers. 

Finding the true cause of a truck crash is very important because if you have severe injuries, your insurance won’t probably cover your medical bills and you need to find alternate sources to get the damages you’re entitled to. 

Join the conversation!