Florida Injury Lawyer Blog
Determining liability in a commercial truck accident in Miami Gardens or Florida is often complicated, which is why working with a local personal injury attorney is a good idea. In many car accidents in Miami Gardens and other Florida communities, there is one at-fault driver. In a commercial truck accident, however, there may be multiple liable parties, including the truck driver, the truck company, and others. Who is liable often depends on the causes of the truck accident.
Truck Accidents Caused by Weather or Other Dangerous Conditions
In these situations, drivers are expected to use extreme caution to ensure that they drive safely. When drivers fail to do so, they may be held liable for the accident. Often, personal injury attorneys in Miami Gardens and other Florida communities must conduct careful investigations to determine exactly what has caused an accident.
Truck Accidents Caused by Driver Fatigue
Federal Motor Carrier Safety Regulations (FMCSRs) dictate how long commercial truck drivers can drive before taking a break. These regulations also set rules for rest periods and maximum driving time. The aim of these rules is to make sure that drivers do not fall asleep behind the wheel or drive so fatigued that their judgment and driving skills are impaired. If you are injured in a traffic accident in Miami Gardens or anywhere in South Florida, and it is determined that the truck crash was caused by a fatigued driver, both the trucking company and the truck driver may be held liable if they violated FMCSR regulations.
Truck Accidents Caused by Driver Inexperience or Under-Training
Truck companies who hire a new driver are expected to check the driver’s qualifications and must keep a record of the driver’s qualifications while the driver is working for the company and three years after the driver leaves the company. The driver’s file needs to include past employer recommendations, the driver’s work application, a copy of any road test, documentation about annual reviews, a certificate of physical qualification, any information pertaining to violations and accidents the driver has had, and additional documentation. If a driver causes a truck accident and the truck company did not maintain these records or failed to check a driver’s qualifications, both the driver and the truck company may be held liable in the case.
Truck Accidents Caused by Load Issues
In cases where a tractor trailer’s cargo is not loaded correctly, the cargo can shift unexpectedly, causing a risk of rollovers and potentially causing the truck driver to lose control of the vehicle. Multiple parties are responsible for the cargo. The persons loading the cargo are responsible for loading and securing the cargo correctly. The driver is responsible for ensuring that the cargo is secure and for reporting any issues or problems. The truck company is also responsible for any cargo transported in its trucks. In the event of a truck accident caused by cargo problems, all three parties can be held liable.
If you are injured in a truck accident in Miami Gardens to anywhere in South Florida, pursuing multiple parties can improve your chances of getting fair compensation to pay for your injuries. If you have been injured, you may have a case and may be entitled to compensation. To learn more, contact the Flaxman Law Group today to arrange a free accident consultation to discuss your situation.