Who to Sue in a Florida Trucking Accident: A Guide to Understanding Liability

Trucking accidents often result in catastrophic injuries, substantial property damage, and emotional distress for victims. The size and weight of commercial trucks make collisions particularly devastating. If you or a loved one has been injured in a trucking accident in Florida, determining who is liable is a crucial step toward recovering fair compensation. At Wolfson & Leon, we are committed to helping truck accident victims across Florida understand their rights and hold all responsible parties accountable. Call us today at (305) 285-1115 for a free consultation.

This guide will explain:

• Who can be held liable in a trucking accident
• How liability is determined
• What compensation you may be entitled to
• The deadlines for filing your claim

Potential Liable Parties in a Florida Truck Accident

Truck accidents are often more complex than typical car accidents because multiple parties may share responsibility. Below are the main parties that may be held liable:

1. The Truck Driver

The truck driver is often the first party to investigate for negligence. Common causes of truck driver negligence include:

• Distracted driving (texting, phone use, etc.)
• Driver fatigue (violating FMCSA hours-of-service rules)
• Speeding or reckless driving
• Driving under the influence of alcohol or drugs

Truck drivers must follow federal and state regulations to operate safely. Violations of these laws or careless driving can make them personally liable for the accident.

Evidence to Consider:

• Driver logbooks
• Drug and alcohol test results
• Eyewitness statements
• Data from the truck’s black box or electronic logging device (ELD)

2. The Trucking Company

Trucking companies can also be held responsible for an accident, particularly under the legal principle of respondeat superior, which holds employers liable for their employees’ actions during work. The company may also be liable if:

• They failed to train or hire qualified drivers.
• They did not perform regular maintenance on their vehicles.
• They encouraged drivers to violate hours-of-service regulations to meet deadlines.

Trucking companies are required to comply with safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Failing to meet these standards can expose them to liability.

3. Cargo Loaders

Improperly loaded cargo can cause accidents by making trucks unstable, especially at high speeds or during sudden maneuvers. Overloaded trucks or unsecured cargo may cause rollovers, jackknifes, or debris-related collisions. If a third-party loading company handled the cargo, they could be held liable.

4. Truck or Parts Manufacturers

Truck accidents can also result from mechanical failures, such as defective brakes, blown-out tires, or faulty steering systems. In these cases, the manufacturer of the truck or its defective components may be sued under product liability laws.

Examples of Defects:

• Brake malfunctions
• Engine or transmission failures
• Tire blowouts due to manufacturing flaws

5. Maintenance Providers

Commercial trucks require frequent maintenance to ensure safety on the road. If a third-party repair shop failed to identify or fix a mechanical issue, and that issue caused an accident, the maintenance provider could be liable.

6. Other Drivers

In some cases, other motorists may contribute to a truck accident. For example, if a reckless driver caused the truck driver to swerve, leading to a collision, that driver may share fault.

7. Government Entities

If poorly maintained roads, missing signage, or hazardous conditions contributed to a truck accident, a local or state government entity could be held liable. However, suing a government entity involves specific legal procedures and shorter filing deadlines, making these cases more complex.

How Liability Is Determined in a Trucking Accident

Identifying all liable parties in a trucking accident requires a thorough investigation. At Wolfson & Leon, our attorneys use a combination of legal expertise, investigative tools, and industry professionals to determine liability. Key evidence may include:

• Police Reports: Official reports often provide critical details about the accident.
• Black Box Data: The truck’s electronic control module (ECM) can reveal information such as speed, braking, and driver behavior before the crash.
• Maintenance Records: These records show whether the truck was properly serviced.
• Cargo Logs: Documentation of how cargo was loaded and secured.
• Expert Analysis: Accident reconstruction experts may help determine the sequence of events leading to the crash.

Multiple parties may share liability in trucking accidents and identifying them all is critical to maximizing your compensation.

Compensation for Florida Truck Accident Victims

If you’ve been injured in a truck accident, you may be entitled to compensation for both economic and non-economic damages. These can include:

• Medical Expenses: Current and future medical bills, surgeries, rehabilitation, and therapy.
• Lost Wages: Compensation for income lost due to your injuries.
• Reduced Earning Capacity: If your injuries prevent you from returning to work or limit your ability to earn income in the future.
• Property Damage: Costs to repair or replace your vehicle.
• Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
• Wrongful Death: Funeral expenses, loss of companionship, and support for families who lost a loved one.

In cases of gross negligence, punitive damages may also be awarded to punish the responsible party and deter similar conduct.

Deadlines to File a Florida Truck Accident Claim

Under Florida law, you have two years from the date of the accident to file a personal injury claim for a truck accident. This statute of limitations also applies to wrongful death claims. Failing to file within this deadline can result in losing your right to pursue compensation.

It’s critical to contact an attorney as soon as possible after a truck accident. Acting quickly allows your lawyer to:

• Preserve evidence (such as black box data and driver logs).
• Investigate the accident while the details are still fresh.
• File your claim before the legal deadline expires.

Why Choose Wolfson & Leon?

At Wolfson & Leon, we are dedicated to helping Florida truck accident victims fight for the compensation they deserve. Our experienced attorneys have the knowledge and resources to take on trucking companies, insurers, and manufacturers to hold them accountable for their negligence.

Why Trust Us:

• Decades of experience handling complex trucking accident claims.
• Personalized attention and compassionate representation.
• Proven track record of securing maximum compensation for victims.

Call (305) 285-1115 today for a free consultation. Let us help you get the justice and compensation you deserve.

Areas Served in Florida

Wolfson & Leon proudly represents truck accident victims across Florida, including:

• Miami
• Orlando
• Tampa
• Jacksonville
• Fort Lauderdale
• West Palm Beach
• Cape Coral
• Fort Myers
• St. Petersburg
• Sarasota
• Naples
• Hialeah
• Kissimmee
• Clearwater
• Tallahassee

If you’ve been injured in a trucking accident anywhere in Florida, don’t wait to seek legal help. Call Wolfson & Leon at (305) 285-1115 to schedule your free consultation today. Let us fight for your rights and help you get the compensation you deserve.