Interstate Truck Accidents
Florida is a major transportation hub, and its interstate highways are often clogged with semis and tractor-trailers. While the majority of these trucks are operated in a safe and responsible manner, some trucking companies attempt to cut corners in an effort to save money. Also, some drivers fail to use due care behind the wheel, putting other drivers on the interstate at serious risk of harm. The news is full of reports discussing overturned semis, jackknifed tractor-trailers, or fatal accidents involving these massive vehicles. Knowing how to protect your rights after an interstate truck accident and how to pursue the maximum amount of compensation that you deserve can be challenging. At The Grife Law Firm, our Boca Raton truck accident attorneys ensure that each client receives the attentive and personalized legal counsel that they deserve. We work with a team of trucking industry experts to help victims build a strong case.Proving Liability in an Interstate Truck Accident Case
If you are injured in an interstate truck accident, you can bring a negligence claim against the truck driver who caused your injuries to recover compensation. You may also have a claim against the trucking company that employs the driver. Florida Statutes § 768.096 provides that an employer is not presumed to have been negligent in hiring an employee who was later involved in a tortious act if the employer conducted certain activities before hiring the driver. This includes performing a background investigation tailored to the tasks that the employee will be required to perform. If the trucking company failed to comply with this statute, your attorney may be able to hold the employer independently liable for negligent hiring.
In the negligence case against the truck driver, you will need to show that the driver did not operate the truck with the same reasonable care and skill that a prudent truck driver would have used while driving on the interstate. There are many reasons that an interstate truck accident may occur, such as speeding or distracted driving. Florida Statute § 316.3025 prohibits commercial operators from texting or using a cell phone while driving. Intoxicated driving driving is also an issue for truck drivers, who may use alcohol or drugs to help them drive long shifts or to cope with the isolation of being on the road.
Many drivers on interstate highways are engaged in transporting goods between states rather than only within Florida. This makes them subject to federal regulations governing the trucking industry. For example, hours of service rules limit the amount of time that they can spend behind the wheel at one time and impose certain rest break requirements. In an effort to meet deadlines, truckers often are tempted to violate these rules, which may lead to crashes caused by excessive fatigue or even falling asleep behind the wheel. This also can be a basis for a negligence claim following an interstate truck accident.
After establishing liability, you will be required to demonstrate that there is a causal link between the defendant’s failure to use due care and the injuries that you sustained. An experienced trucking industry expert can testify on your behalf about the crash and explain how the defendant’s lack of due care on the interstate caused you to suffer injuries.
There are a number of items of compensation that you can seek from a defendant truck driver or trucking company, or both. Past and present medical expenses can include everything from ambulance bills to physical therapy costs. If the accident left you with permanent disabilities, you may also be able to request compensation for future estimated medical care costs, as well as compensation for your reduced quality of life and diminished earning capacity. Truck accidents that happen at high speeds on the interstate can result in catastrophic and permanent injuries, so it is important that you seek the maximum amount of compensation.Speak with a Knowledgeable Trucking Accident Attorney in the Boca Raton Area
The dedicated and knowledgeable lawyers at The Grife Law Firm have assisted numerous victims throughout the areas around Boca Raton, West Palm Beach, Fort Lauderdale, and Miami. As a result, we have experience handling even the most complex truck accident cases and understand the unique issues involved with holding truck drivers and trucking companies responsible. To schedule your free consultation, call us now at 1-855-998-0770 or contact us online.