Unsafe Truck Driving in Tampa: Too Fast for Conditions

Contact the Pasco County Truck Accident Attorneys at Holliday Karatinos Law Firm, PLLC today for a free consultation.

Attorneys Representing Pasco County Truck Accident Victims

Truck drivers may speed or engage in otherwise unsafe driving to meet their delivery deadlines. The result can be a serious or fatal crash. The North Tampa truck accident lawyers at Holliday Karatinos Law Firm, PLLC can help you if you were grievously hurt in a truck crash in Florida. Our attorneys have handled numerous truck accident cases, and we can bring our more than 50 years of combined legal experience to assist you in your case. Contact us today if you were injured in a truck accident.

Driving Too Fast for Conditions

Truck drivers are under tremendous pressure from trucking companies to get their cargo to their destinations by a specific deadline. Truck drivers are paid by the mile, so the more they drive, the more they get paid. Many will resort to speeding, even in poor weather or road conditions, to make their deadlines. The National Highway Traffic Safety Administration reported that almost 18 percent of large truck drivers who were involved in fatal crashes in 2012 had at least one prior speeding conviction. Speeding was the most cited factor in fatal truck accidents. Other unsafe driving factors include distracted driving, sudden changes in speed, and careless or erratic driving. Cloudy weather conditions, rain, snow, and other inclement weather played a role in 26 percent of fatal truck crashes and 29 percent of injury crashes in 2011.

Accountability for Unsafe Truck Driving

Truck drivers and their employers may be liable for injuries in a truck accident. A plaintiff in a personal injury suit may recover damages if he or she can establish the defendant’s negligence.

Negligence is a legal theory of liability that forms the basis for many tort, or personal injury, claims in Florida. A plaintiff must prove that a defendant is negligent to hold the defendant liable for injuries. Florida requires all drivers to drive at a reasonable and prudent speed given the road and weather conditions, and taking into consideration any actual or potential hazards. Drivers must control their speed to avoid crashing into other vehicles, pedestrians, or other objects on the road. A truck driver may be negligent if he or she drives too fast for the road conditions or otherwise drives the truck in an unsafe manner.

To prove negligence, the plaintiff must show that the defendant:

  • Owed the plaintiff a duty of care;
  • Breached or violated this duty of care (by driving too fast for the weather conditions, for example); and
  • Caused the victim’s injuries and damages.

The driver’s employer, such as a trucking company, may be vicariously liable for the driver’s negligence if his or her actions were within the scope of employment at the time of the accident. An employee acts within the scope of his or her employment if the action is one he or she is required to perform; if it occurs within the time and space limits of employment; and if it is at least partly motivated to serve the employer.

Obtaining Evidence

Evidence in truck accident cases may get lost, destroyed, or otherwise become difficult to obtain. This is known as spoliation of evidence. Florida courts can impose sanctions on a party that alters or loses evidence, but an attorney may be able to help you secure critical evidence before it disappears, or otherwise becomes “spoiled.”

Recovering Damages

Florida allows a plaintiff who proves his or her case to recover damages from the liable parties. Recoverable damages include medical care expenses, lost wages, property damage, and more. Family members of a deceased truck accident victim may be able to file a wrongful death suit, and obtain compensation for their loved one’s funeral bills, medical expenses, and additional damages based on their relationship to the victim. Florida has a four-year statute of limitations, or time limit, on personal injury claims, and a two-year statute of limitations on wrongful death claims.

Pasco County Truck Accident Attorneys

At Holliday Karatinos Law Firm, PLLC, our Spring Hill truck accident attorneys are committed to providing truck crash victims with the legal guidance they need to pursue their claims. We have helped numerous Florida crash victims and their families fight for their right to compensation from the parties responsible for their injuries. We offer our clients compassionate service, while tenaciously negotiating a settlement or advocating for them in the courtroom if necessary. Please call us at (866) 597-0009 or reach us online to schedule a free initial consultation today. We serve clients throughout Lutz, Brooksville, Citrus County, and the neighboring communities.

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