Legal Advocates for Florida Truck Accident Victims
The North Tampa truck accident attorneys at Holliday Karatinos Law Firm, PLLC provide truck crash victims with comprehensive legal representation. Our lawyers will bring more than fifty years of personal injury experience to your truck accident case. We have the financial backing to pursue even the most complex truck crash cases, but still provide you with the personalized attention that only a boutique firm can offer. If you have suffered injuries in a truck accident, contact our office today.
Truck Accidents in Florida
Trucks can weigh as much as 80,000 pounds or more with a special permit. When they are involved in a crash, they can cause catastrophic injuries and significant property damage. The National Highway Traffic Safety Administration (NHTSA) reported more than 3,600 fatal truck accidents in 2011. A majority of these accidents involved truck tractors or vehicles that exceeded 26,000 pounds. According to NHTSA, 214 fatal crashes in Florida involved at least one truck in 2012.
Trucking Industry Regulations
The trucking industry is governed by federal and state laws. These laws apply to truck drivers, trucking companies, and other entities involved in the industry. The Federal Motor Carrier Safety Administration oversees interstate trucking activities, while the Florida Highway Patrol Office of Commercial Vehicle Enforcement enforces state trucking laws. These regulations govern numerous aspects of the trucking industry to ensure the safety of trucks on our roads and highways. The regulations include those related to:
- Driver qualifications and commercial driver license requirements.
- Hours-of-service (HOS) regulations, such as limits on a driver’s hours on the road.
- Record of duty status or logbooks.
- Permit requirements for overweight trucks.
- Driver drug and alcohol testing.
A truck accident will trigger an investigation into whether the truck driver, trucking company, or any other party possibly violated state or federal regulations.
Truck Accident Liability
A truck accident can have more than one cause, and a thorough investigation will help determine who may be at fault for the crash. You may be able to pursue a personal injury lawsuit against one or more parties if you are involved in a crash.
Negligence is the basis for many truck accident cases. You can hold an at-fault party liable if you can demonstrate that the party had a duty to exercise reasonable care; breached that duty by failing to exercise care; and caused your injuries and damages. Speeding or an overloaded truck, for example, can indicate negligence.
A truck driver’s employer, such as a trucking company, may also be directly liable under a negligence claim if they failed to adequately supervise and monitor their drivers. A trucking company that allowed a driver to violate HOS regulations, for example, may be held responsible for negligence. In addition, the truck driver’s employer can be held vicariously liable for the driver’s negligence. Under the theory of respondeat superior, an employer can be held liable for the acts of its employee if the employee acts in furtherance of the employer’s interest within the scope of his or her employment when behaving negligently.
Spoliation of Evidence in Truck Accident Cases
Truck accident cases are complex and high-stakes. There is always the potential for evidence to go missing. Spoliation of evidence is the alteration, destruction, or loss of evidence in a lawsuit in an attempt to impede the non-spoliator’s case. A Florida court can impose sanctions, such as an adverse inference jury instruction or exclusion of expert testimony, on a party that “spoils” evidence.
Compensation for Truck Crash Injuries
You may be able to recover damages in your truck accident case. You can seek compensation from those responsible for the accident. Recoverable damages include current and future medical expenses, lost income, loss of earning capacity, and pain and suffering. If your relative died in a truck crash, you may be able to file a wrongful death claim. There is a four year statute of limitations on personal injury suits in Florida, and a two year limitations period in wrongful death cases, so it is important that you act quickly to preserve your rights.
Experienced Truck Accident Attorneys
The Spring Hill truck accident lawyers at Holliday Karatinos Law Firm, PLLC have significant experience handling complex truck accident cases. We can thoroughly investigate your case, move quickly to secure evidence, and work with experts to build a strong foundation for your claim. To schedule a free consultation, please call us today at (866) 597-0009 or complete our online form. We serve clients in local communities including Lutz, New Tampa, and throughout Citrus County.