Liability in Truck Accidents: Who Is Responsible?
If you’ve experienced the physical, emotional, or financial burdens of a truck accident, you may be asking: Who is truly responsible? One of the most important aspects of any case is determining liability. Understanding the different aspects involved in determining liability can be the key to finding clarity and justice during an incredibly challenging time.
At Reese Legal, with over 27 years of legal experience, Attorney Michael Reese has seen firsthand the life-altering impact these collisions have on individuals and families. Serving Orlando and its surrounding communities, including Windermere, Winter Park, Doctor Phillips, and Bay Hill, Attorney Michael Reese is conveniently located just one mile from Universal Studios. This allows him to provide accessible legal guidance to clients throughout the region, whether you’re a local resident or a visiting tourist.
Accidents involving large commercial trucks differ significantly from standard car accidents due to the size of the vehicles, the complex laws regulating the trucking industry, and the number of parties at fault. Understanding who is responsible for a truck accident isn’t always straightforward, which is why Attorney Michael Reese is here to provide assistance.
Who Can Be Held Liable in a Truck Accident?
There are several parties that may be held responsible in truck accident cases. Unlike car accidents, where the liability often rests with one of the drivers involved, truck accidents frequently involve multiple entities. The following key parties who may be held accountable include:
The Truck Driver
The truck driver is often the first individual we investigate in a truck accident case. Were they driving recklessly or negligently? Perhaps the driver was speeding, distracted, or driving while fatigued—a common problem in the trucking industry due to demanding schedules.
Federal regulations govern how many hours a truck driver may be on the road without rest, but violations of these hours-of-service rules happen far more often than they should. If there is evidence that the truck driver acted irresponsibly or violated the law, they may be held liable.
Trucking Company
Trucking companies have a legal obligation to ensure their drivers are properly trained and their vehicles are well-maintained. However, in the pursuit of profit, some companies may cut corners, prioritizing delivery schedules over safety.
Attorney Michael Reese frequently sees cases involving companies that push drivers to adhere to unrealistic deadlines, leading to unsafe practices such as speeding or driving extended hours. Additionally, if a company fails to conduct thorough background checks on its drivers or knowingly hires someone with a poor driving record, that company can and should be held accountable.
Truck Manufacturer or Parts Supplier
Faulty equipment can also play a role in truck accidents. With so many moving parts, a single mechanical failure—whether it’s a brake malfunction or a tire blowout—can result in catastrophic consequences.
If an attorney discovers that defective parts contributed to the accident, the manufacturer or parts supplier might be held liable for their role in the crash. These cases often involve complicated product liability laws, which Attorney Michael Reese has extensive experience in.
Cargo Loaders or Shippers
Improperly loaded or secured cargo is another frequent contributor to truck accidents. If a truck’s load shifts or spills onto the roadway, the results can be disastrous.
The individuals or companies responsible for loading the truck are required to adhere to strict guidelines to ensure cargo safety. When these guidelines are ignored, it leads to an accident, and the cargo loaders or shippers may be held responsible.
Other Third Parties
Sometimes, third parties—such as maintenance providers, other motorists, or even local municipalities—may bear some responsibility in a truck accident case. For instance, if a poorly designed intersection or inadequate road maintenance contributed to the crash, a lawyer can explore holding the government or other responsible agencies accountable.
What Does Florida Law Say About Liability?
Florida operates under a comparative negligence system, meaning multiple parties can share liability for an accident. For example, if a truck driver was speeding but you were also partially at fault because you were texting while driving, the court might assign each party a percentage of the blame.
Under this system, your compensation would be reduced by the percentage of fault attributed to you. One of our key responsibilities at Reese Legal is to ensure that liability is assigned fairly and to minimize any blame unfairly placed on you.
Another essential element to keep in mind is Florida's statute of limitations for personal injury cases. According to state law, you generally have two years from the date of the accident to file a lawsuit. Missing this deadline could prevent you from recovering compensation, which is why it's important to contact Attorney Michael Reese as soon as possible after an accident.
Steps We Take to Build a Strong Case
At Reese Legal, Attorney Michael Reese takes a strategic and comprehensive approach to every truck accident case. Once he has the details of your case, he will begin investigating the case. This often includes:
Analyzing driver logs and records: We review the truck driver’s hours-of-service logs, employment history, and training certifications.
Data analysis: Many commercial trucks are equipped with event data recorders, or “black boxes,” which provide valuable information about speed, braking, and other factors that contributed to the crash.
Expert consultations: We consult with specialists, including accident reconstruction experts, engineers, and medical professionals, to strengthen your case.
Evidence collection: Videos, photos, witness statements, and police reports all play a critical role in building a compelling argument for liability.
Insurance negotiations: We handle all communication and negotiations with insurance companies, with the mission of protecting you from being taken advantage of.
Ultimately, Attorney Michael Reese's goal is to help you receive the maximum compensation you deserve. This may include damages for medical bills, pain and suffering, lost wages, and even punitive damages in cases of severe negligence.
Choose Reese Legal for Your Truck Accident Case
Truck accident cases are complicated. They require a deep understanding of Florida law and a comprehensive knowledge of the trucking industry, as well as federal regulations. With over 27 years of legal experience, Attorney Michael Reese offers compassionate and aggressive representation.
Strategically based in Orlando near Universal Studios, he proudly serves clients in the surrounding areas such as Windermere, Winter Park, Doctor Phillips, and Bay Hill. Whether you’re a lifetime local or someone visiting Florida’s attractions, Attorney Michael Reese is here for you. Call today for a free consultation.