Any legal action taken in the event of an accident involving a commercial truck is quite different than the action taken should the other vehicle be an automobile. An automobile is normally only owned by a single party, not so trucks, there are often multiple parties involved, all of whom are potentially liable. The trucking industry is also subject to very specific federal and state laws regarding safety and vehicle standards. Expert advice from a seasoned truck accident attorney in Fort Lauderdale can be beneficial should you be involved in an accident of this nature.
Multiple parties: If you figure in an accident with a large truck and you were not at fault then typically there will be more people involved in the lawsuit than just the truck driver. A trucking business will not only involve the vehicle driver, it will also involve the driver’s employer, the haulage company and the truck owner. Any or all of these independent parties might bear some of the responsibility.
Federal Laws regulate the trucks: Commercial trucking is a regulated business; both federal and state safety laws must be observed. There are laws that regulate just about everything from the drivers licensing program to vehicle inspections. Any prior violations of any of the laws that pertain to the industry can help set the stage for a personal injury case.
Federal laws ensure permit holders are liable: At one time commercial trucking companies tried to overcome any liability in the event a driver caused an accident but making it a prerequisite that the drivers were also the truck owners, hence they were classified as independent owner-operators. Of course the argument was that the drivers were responsible because they were independent. This has now been stopped by federal law; the liability of trucking companies for all aspects of the operation has now been set regardless of the status of the driver.
Investigations are complex and require special handling: The laws, both federal and state require that any commercial truck that is involved in an accident must be inspected prior to it being removed from the scene. Today, most modern trucks used for commercial purposes have on-board electronics that record a tremendous amount of pertinent information. These devices record and store the speed at any point of the journey, how many and where rest stops were taken, how many times the brakes were engaged, etc.
With the law being so complicated and no two accidents are alike it is imperative that you are supported by a truck accident attorney in Fort Lauderdale.
