Florida Injury Lawyer Blog
After a Fort Lauderdale truck accident, one of the first things that the truck carrier, attorneys, and insurance companies will do is try to determine liability. If you have been injured in a Fort Lauderdale car accident involving a truck, you will want to work with a qualified Fort Lauderdale personal injury attorney, since an experienced attorney can help determine liability. If your attorney is able to find that a few people share liability for the truck accident, the odds that you will get fair compensation for your lost income, medical costs, car repairs, and other accident costs is improved. There are a few parties who may be found liable for your Fort Lauderdale traffic accident:
1) The truck driver. In many Fort Lauderdale truck accidents, the truck driver is considered the primary liable party. This is because in many Fort Lauderdale traffic accidents, it is driver error that leads in to the accident itself. Your Fort Lauderdale car accident, for example, can be caused by a truck driver’s distraction, fatigue, drug use, or other errors.
2) The trucking company. In many cases, the trucking company can be held at least partly liable in a Fort Lauderdale truck accident. This is because many trucking companies have policies which contribute to accidents. For example, a truck carrier may not adequately screen or train its drivers, or may encourage drivers to drive longer distances or longer hours than is safe. However, in order to prove that a trucking company is liable, you generally need to work with a qualified Fort Lauderdale personal injury attorney, who can gather evidence and can prove that the trucking company is partly liable for the accident.
3) The loaders who placed the cargo on the truck. The people who have placed the cargo on the truck are responsible for ensuring that the cargo is correctly distributed and safely secured before the driver pulls away. While the driver is expected to check the cargo periodically throughout the trip, if the loaders are negligence or reckless in loading the cargo, they may be held partly liable for any accident that results due to cargo shifting.
4) The owners of the cargo on the truck. In some cases, the people who own the cargo on the truck may be held partly liable if they do not adequately warn the driver and the trucking company about the dangers of the cargo, do not adequately declare the content of the cargo, or take other negligent actions which result in injury.
5) The owners of the property where the accident took place. In some cases, the roadways or locations where the accident takes place are not correctly maintained or are unsafe due to faulty road engineering or road design. In these cases, the city of Fort Lauderdale, the state itself, or the local government in charge of the road may be held partly liable for the accident.
In order to determine who is liable in your Fort Lauderdale truck accident, arrange for a free accident consultation with the Flaxman Law Group. Your free accident consultation is a chance for you to discuss your accident with a personal injury attorney, so that you can get all the facts before you make any decisions in your case.