- COMMERCIAL TRUCK ACCIDENTS IN
NORTH FLORIDA
Fighting for Florida Truck Accident Victims
It seems that all too frequently, you hear about a commercial vehicle that has been
involved in a serious truck accident on the I-95 or I-10 corridor. The truth of the matter
is that unqualified and poorly trained drivers operate highly dangerous commercial
vehicles on Florida roadways everyday. Howard G. Butler of the Jacksonville, Florida
Butler Law Group represents people injured or killed in truck accidents. These accidents
can have catastrophic results on a person's life and must be investigated and
prosecuted by an experienced attorney. If you have been seriously injured in a truck
accident, contact our firm for a free initial consultation.
A traffic accident involving a large commercial truck, such as an 18-wheeler or semi
truck, can have disastrous consequences. A typical fully loaded large commercial truck
can weigh over 80,000 pounds, while an average passenger automobile weighs
approximately 3,000 pounds. Because of the sheer size of trucks, any collision between
a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.
If a truck carrying hazardous chemicals or flammable materials is involved in an
accident, the resulting injuries may be even more severe. Secondary injuries, such as
burns and respiratory injuries, attributable to the dangerous or toxic cargo can result.
If you or a loved one has been involved in an accident with a commercial truck, you may
be entitled to recover compensation for your injuries by bringing a legal claim against
the responsible parties. An experienced attorney can help determine whether you have
a claim.
Proving Your Case
In general, the main legal theory of liability in a truck accident case, or any other motor
vehicle accident case, is negligence. To establish a case, the injured party (the plaintiff)
must show that the truck driver or other defendant owed a duty to the plaintiff to
exercise reasonable care under the circumstances; the defendant breached or failed in
that duty; that this breach was the cause of the plaintiff's injury; and that the plaintiff
was harmed.
It is critical to begin investigating the accident as soon as possible so that evidence is
preserved. There are a variety of types of information that are relevant to your claims,
including information about previous violations of regulations by the trucking company
or driver involved, the truck's maintenance records, the speed the truck and your vehicle
were traveling, the location of the impact on the vehicles' exteriors, the truck driver's
log book and statements from eye witnesses and first responders to the accident scene,
such as emergency personnel and police officers. Another critical piece of evidence is
the truck's "black box," which records data before, during and after a collision. It will
probably also be useful to investigate the trucking company's policies and procedures.
An expert can be a tremendous resource to use in proving your truck accident case. An
expert can testify about the possible negligence of a trucking company based on his or
her familiarity with trucking regulations. An expert can be any person who has
significant experience in the trucking field, such as a trucking company's safety
director, the former owner of a trucking company, a former investigator for the
department of transportation in your state or a computer expert who has experience
obtaining information from the "black box."
Potential Defendants
Depending on the specific circumstances surrounding your truck accident, your lawyer
may be able to pursue claims against other parties in addition to a claim against the
truck driver. The trucking company or motor carrier, safety director for the carrier, diesel
mechanic, vehicle inspector and insurance company may also be liable for your injuries.
When a commercial truck accident occurs, if an employment relationship is established
between the truck driver and a trucking or shipping company, then that company can be
held liable for the driver's negligence under a legal theory known as "respondeat
superior." Under this doctrine, a trucking company or other employer can be held liable
for the wrongful acts of its drivers. Trucking companies may try to fight liability under
this theory by arguing that the wrongful act did not occur while within the scope of
employment. Motor carriers also try to limit their liability by hiring drivers as
independent contractors rather than employees.
In some cases, the manufacturer of the truck may also be held liable if the accident was
caused by some defect in the truck. A shipper of hazardous materials carried by the
truck may also be legally responsible for any injuries that were caused or made worse
by the type of cargo on board. For example, if a shipper fails to advise a truck driver or
trucking company of hazardous material contained in a load of freight, the shipper may
be liable for injuries that result if that material catches fire or is released.
If a third party logistics company, which is a company that specializes in brokering
transportation services but is not a motor carrier, is involved, it may be difficult to
recover from that company. It has generally been held that the respondeat superior
doctrine cannot be used against logistics companies because they generally engage in
independent contractor relationships with motor carriers so they are exempt from
liability. In addition, section 14704 of the Federal Motor Carrier Safety Administration
often limits the liability of third party logistics companies in personal injury cases.
Conclusion
A traffic accident involving a tractor trailer, 18-wheeler, semi truck or other commercial
truck can result in serious physical injury and property damage. If you or a loved one
has been injured in a truck accident, you may be entitled to compensation. It is
important to contact an experienced truck accident attorney to discuss your case as
soon as possible.
DISCLAIMER: This site and any information contained herein are intended for
informational purposes only and should not be construed as legal advice. Seek
competent legal counsel for advice on any legal matter.
At the Jacksonville, Florida, law office of Howard G. Butler Esq. PA, we represent injured people throughout north and central Florida, including people in Atlantic Beach, Orange Park, Yulee, Callahan, Starke, Palatka, Orlando, Daytona Beach, Gainesville, Melbourne, Tampa, Tallahassee, Lake City, St. Augustine, Miami, Ponte Vedra Beach, Panama City, Duval County, Clay County, Baker County, St. Johns County, Nassau County, Volusia County, Flagler County, Alachua County, Orange County, Columbia County, Bay County, and people injured on I-95, I-10, I-75, I-4 Us-1, Phillips Highway, A1A, Butler Blvd., Beach Blvd. and Atlantic Ave. 2011 by The Butler Law Group, all rights reserved. |
- Jacksonville Office
Butler Law Group
1506 Prudential Drive
Jacksonville FL 32207
Ph: 888-651-5544
Fax: 904-398-3000
Email | Jacksonville Office
Orlando Office
The Plaza (North Tower)
121 South Orange Avenue
Suite 1150
Orlando, Florida 32801
Ph: 888-651-5544
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| For over 25 years, Jacksonville, Florida trial attorney Howard G. Butler Esq. has been representing those seriously injured in trucking accidents. Mr. Butler has been named as one of the "Best Lawyer in America" and is a Nationally Board Certified Civil Trial Lawyer. To learn more about your case, contact him for a free initial consultation. |