Wesley Chapel Truck Liability Attorney
Many drivers in Florida know that collisions with large trucks often result in serious and fatal injuries given the size and weight of the truck. The Insurance Institute for Highway Safety (IIHS) and the Highway Loss Data Institute (HLDI) underscore that, given that large trucks frequently weigh 20 to 30 times as much as a passenger vehicle, most injury victims in trucking collisions are the occupants of smaller passenger vehicles. However, just because a truck accident occurs and people get hurt does not mean that the truck driver is responsible. Numerous injury victims in a truck crash, or their surviving family members, assume that the truck driver’s negligence resulted in the crash, but there are many different causes of truck accidents in Florida.
At HD Law Partners, we routinely work on truck liability matters and can discuss defense options with you today. A Wesley Chapel truck liability attorney can help.
Causes of Wesley Chapel Truck Accidents
Many factors can contribute to a truck accident in Wesley Chapel. The Federal Motor Carrier Safety Administration (FMCSA) conducted a Large Truck Crash Causation Study, which reports that all of the following may be causes of—or may contribute to—trucking accidents:
- Car driver negligence;
- Truck driver negligence (including, for example, drowsy driving, distracted driving or aggressive driving);
- Negligent maintenance of the truck;
- Mechanic error in servicing the truck;
- Improper loading of the truck bed;
- Defective truck parts (such as brakes, tires, air bags);
- Poor road conditions; and
- Inclement weather.
Defending Against Liability in a Wesley Chapel Truck Collision
Given that many different parties may be responsible for a truck accident, it is important to work with a Wesley Chapel truck liability attorney to develop a defense strategy. Any of the following parties may be responsible for injuries in a truck collision:
- Automobile driver involved in the crash;
- Motorcyclist or other motorist on the road;
- Truck driver;
- Truck owner;
- Trucking company;
- Loading company;
- Mechanic shop;
- Designer of truck parts; and
- Manufacturer of truck parts.
Demonstrating that another party bears responsibility for a trucking accident can result in a strong and effective defense.
Comparative Fault in a Wesley Chapel Truck Crash
Another common defense strategy in truck crash cases concerns comparative fault. Under Florida law, comparative fault refers to another party’s contribution to liability or fault in the accident. To limit a defendant’s liability, the defendant can argue that another party or parties—including the plaintiff—contributed to the underlying cause of the accident. It is important to remember that the driver of
If the court determines that another party bears responsibility for the crash (even if the defendant still bears some responsibility), the amount of damages that the defendant is required to pay is reduced by the percentage of the other party’s responsibility. For example, if the plaintiff is found to be 40 percent responsible and the court awarded damages of $100,000, the plaintiff’s award would be reduced by 40 percent, or $40,000, and the defendant would only be responsible for paying $60,000.
Contact a Wesley Chapel Truck Liability Attorney
If you need assistance with a defense in a truck liability claim, you should speak with a truck liability attorney in Wesley Chapel today. Contact HD Law Partners for more information.