WHO MAY BE SUED

IN A TRUCKING

ACCIDENT CASE IN FLORIDA?

Determining Who May Be Sued in a Trucking Accident Case Can be Complex But Is Essential If You Want to Maximize

the Recovery Amount You Receive for Your Injuries

Who May Be Sued in a Trucking Accident Case in Florida? bglawpa.com 2

Determining who may be sued in a trucking accident case can be complex but is

essential if you want to maximize the recovery amount you receive for your

injuries. According to the National Highway Traffic Safety Administration

(NHTSA), during 2012, 104,000 people were injured in trucking accidents. This

represents an increase of 18% from 2011. Despite federal regulations governing

large trucks, the number of accidents involving these vehicles seems to increase

each year.

Who May Be Sued in a Trucking Accident Case in Florida? bglawpa.com 3

The increase may be attributed to a larger number of trucks on our roadways,

driver error or trucking company policies that encourage truck drivers to exceed

the posted speed limits, to drive more hours than is legally permitted and to take

risks in order to deliver loads faster. Whatever the cause for the increased

number of truck accidents one fact remains — accidents involving large trucks

result in severe and devastating injuries.

Determining who is responsible for these injuries is one of the most important

things that an attorney will do in a trucking accident case.

Determining the Responsible Parties in a Truck Accident

Case

Truck accident cases can be complex and are not as straightforward as other

vehicle accident cases. Several parties may be jointly responsible for the

damages you sustained in the accident. An important role for a truck accident

attorney is to determine the various parties that should be named as defendants

in the lawsuit. Because each party may have a separate insurance policy,

naming all defendants will maximize your recovery.

Experienced truck accident attorneys understand the roles of various parties in a

truck accident case and know how to investigate to uncover all responsible

parties; therefore, it is very important for individuals injured in a truck accident to

find an experienced truck accident lawyer. Otherwise, some parties may be left

out of the lawsuit thereby decreasing your chances of recovering the maximum

value for your claim.

Who May Be Sued in a Trucking Accident Case in Florida? bglawpa.com 4

In most truck accidents, the attorney will investigate three main parties to

determine the liability of each party. Those parties are the truck driver, the

trucking company and manufacturer of the truck and any parts used on the truck.

Truck Drivers

When investigating a truck

accident, the first party you

investigate is the truck driver.

Most truck drivers are well-

trained, safe drivers; however,

even the most well-trained and

safe driver can make a mistake

and cause an accident. A driver

may be fatigued or distracted and, in a split second, an accident occurs.

Because trucks are such large vehicles, they are unable to stop as quickly or turn

as sharply as other vehicles. If a driver is fatigued or not paying adequate

attention to the road, an accident can happen before he realizes there is a

problem.

The other truck drivers on the road are inexperienced or careless and those are

the drivers that tend to cause most of the truck accidents we see. The attorney

must work quickly to obtain the truck’s black box, the driver’s logs and other

evidence that will help support your claim that the truck driver caused the

accident. Some truck drivers may be criminally liable if they were driving under

the influence of alcohol or drugs at the time of the accident.

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Trucking Companies

The owner of the truck and the trailer (may or may not be the same company or

person) may also be held liable for injuries sustained in a truck accident.

Employers who fail to verify their drivers’ credentials to ensure that they have

good driving records and periodically review their drivers to ensure they are

following all industry rules may be held liable.

Furthermore, if the trucking company has a history of violating federal trucking

regulations (i.e. asking drivers to drive off books),the attorney may be able to

include the trucking company as

a defendant in the lawsuit to get

its insurance company on the

hook for damages. Likewise,

trucking companies that fail to

properly maintain the trucks and

trailers can be held accountable

for damages sustained in a truck

accident.

Truck and Trailer Manufacturers and Parts Manufacturers

Companies that design and manufacture trucks, trailers and the parts used on

these vehicles are responsible for ensuring that the vehicles and parts are safe.

When a truck accident occurs, an experienced attorney knows to investigate to

Who May Be Sued in a Trucking Accident Case in Florida? bglawpa.com 6

determine if a defect in the vehicle or a part caused or contributed to the

accident.

For example, if the brakes were faulty or the tires blew because they were

defective, the company that manufactured these items could be held liable for the

damages you sustained in the truck accident. These companies tend to have

large insurance policies; therefore, adding these companies as defendants to

truck accident lawsuit can greatly increase the amount of money available to the

plaintiff for damages.

North Miami Beach Truck Accident Cases

Unfortunately, truck accidents are a reality that we must deal with as part of

driving on our interstates, highways and roadways. Residents and visitors to

North Miami Beach who are involved in a truck

accident case should contact an experienced

attorney as soon as possible following the truck

accident. A knowledgeable and skilled truck

accident lawyer will know how to determine who

may be sued in a trucking accident case.

Experienced North Miami Beach

Trucking Accident Attorneys

The attorneys at Bolton& Gross understand the devastation caused by truck

accidents. As experienced truck accident attorneys, we are committed to

Who May Be Sued in a Trucking Accident Case in Florida? bglawpa.com 7

protecting your rights, holding the party responsible for your injury accountable

for his or her negligent acts and recovering monetary damages that you deserve.

Call 954-526-9479 or complete our online contact form to schedule your free

consultation. You do notpay attorney fees or costs until and unless we get you a

settlement for your injuries.

Who May Be Sued in a Trucking Accident Case in Florida? bglawpa.com 8

About Bolton & Gross

Richard Bolton and Mitchell Gross have been practicing together for approximately 20 years. Initially, the firm was focused on representing insurance companies, their insureds, self insureds, and Fortune 500 companies. At that point, Bolton and Gross represented these entities as defendants. We took many cases to trial on behalf of these entities as defendants.

Over the years, we learned how insurance companies and self insured corporations handled their legal matters. They showed no compassion to the injured parties and would go to all lengths to win a case. This type of work left us totally unfulfilled.

Approximately 10 years ago we changed the focus of our practice. We now represent, exclusively, the injured parties. We use our experience representing the defendants to obtain the maximum possible recovery for our client.

At Bolton and Gross we view each case individually. We realize each and everyone of our clients are people who have different needs and different motivation, etc. We try to advise our clients as to their possible decisions and do everything we can to get them the best recovery that is consistent with their desires.

Here at Bolton and Gross we provide our clients with compassionate, aggressive, and individualized representation.

Bolton & Gross bglawpa.com 801 NE 167th Street 2nd Floor North Miami Beach, FL 33162 Phone: 305-653-8223 7800 W. Oakland Park Blvd, Building B Suite 104 Sunrise, FL 33351 Phone: 954-640-0178