Truck Accident Lawyers in Spring Hill
When truck drivers and trucking companies fail to follow state regulations, they can cause catastrophic truck accidents. At Holliday Karatinos Law Firm, PLLC, our Brooksville truck accident attorneys are prepared to offer you seasoned legal counseling if you were hurt in a truck crash. Our attorneys have helped numerous clients assert their right to compensation from drivers, employers, and other parties who caused their truck accident injuries. We can provide the legal representation you need to help you seek damages.
Florida State Trucking Laws
Truck drivers, truck owners, and trucking companies must adhere to strict federal and state regulations. Federal regulations apply to trucks that cross state borders to make their deliveries. State laws apply to trucks that travel only within the state.
Florida adopted federal regulations in creating its own trucking laws. They include drug testing, braking system requirements, and truck inspection and maintenance. In addition to adopting several federal regulations regarding trucks and their operation, Florida has additional laws that apply to drivers within the state, such as:
- Commercial drivers licensing requirements.
- Limits on the hours an driver within the state can drive.
- Record-keeping requirements to verify hours compliance.
- Allowing drivers 18 years or younger to drive a truck under very narrow circumstances.
Florida also requires that trucks have liability insurance. The amount of insurance coverage varies based on the weight of the truck. In many cases, however, a truck accident will cause injuries that exceed the coverage amounts required by the state.
Liability for State Trucking Law Violations
You can file a personal injury claim if you were injured in a truck accident. If you can prove that the defendant in your case is liable for your injuries, you could recover damages for them.
Truck accident cases are complex, and there may be more than one cause for the accident. If a truck driver, truck owner, or trucking company violated state regulations, you will need to prove that their negligence caused your injuries. You can prove this by showing:
- The defendant had an duty to use care under the circumstances;
- The defendant breached the duty of care by violating a state trucking regulation (for example, the driver might not have had a commercial driver’s license);
- The defendant’s breach resulted in the crash that caused your injuries; and
- You suffered actual damages, such as hospital bills.
The driver’s employer also can be liable for the driver’s negligence even if the employer itself was not negligent. In Florida, the truck driver’s employer may be held vicariously liable for the driver’s actions if the driver acted within the scope of employment at the time of the crash.
Since a host of factors can cause a truck accident, more than one party may be liable for your injuries. An examination of the driver, trucking company, and other potential defendant’s records will bolster your claim against the relevant parties. Evidence in truck accident cases may get lost or destroyed, so it is important that you take steps soon after the crash to avoid any possible spoliation of evidence.
If you can prove the defendant’s liability in your personal injury claim, you may recover damages, including compensation for your hospital care and medical treatment, lost wages, pain and suffering, and more. If you lost a relative in a crash, you might be able to obtain damages, such as funeral expenses and loss of companionship, through a wrongful death claim. You must file your personal injury claim within four years or your wrongful death claim within two years of the accident, Otherwise, you risk losing your right to initiate an action.
Fighting for You
The Spring Hill personal injury lawyers at Holliday Karatinos Law Firm, PLLC will fight for your claim to fair compensation. Our attorneys are well-versed in state and federal trucking laws, and we have significant experience handling complex truck accident cases. We can provide exceptional legal counseling and representation if you were injured in a crash. Please call us or complete our online form to arrange a no-obligation consultation today.