Possible Defendants In A Commercial Vehicle Accident Case

An accident involving a commercial vehicle is more likely to cause serious injuries than any crash between two cars. The size, stopping distance, and weight of these vehicles can cause harm or even death, but it can be extremely difficult to determine just who bears liability for the suffering of victims. In this type of accident case, ensuring that the people or entities who truly caused your injuries can require the help of a knowledgeable attorney.

Drivers Are The First Option

Florida’s civil law system holds that multiple actors can be held liable for injuries caused to a plaintiff. Because of this, every possible actor who might have had a role in causing the accident must be examined. For example, many accidents involving commercial vehicles are caused at least in part by the negligence of the driver, but it may be the employer who sent the driver out with minimal rest, or the maintainer of the vehicle who failed to catch a mechanical problem.

Commercial drivers are by far the most common defendants in this type of lawsuit, but one of the next most common is their employers. Either under a theory of negligent hiring, or under what the legislature refers to as vicarious liability, an employer may wind up on the proverbial hook because they allowed the driver to be on the road acting for them. While it can sometimes be difficult to establish a claim of negligent hiring, all that needs to be established to argue that vicarious liability applies is a showing that the driver was acting within the scope of their employment at the time of the crash.

Name Everyone Possible

There are several other possibilities for defendants in your commercial vehicle accident case, depending on the specific facts of your situation. For example, if the accident is found to have occurred due to a defect in the vehicle, you may have a case against the manufacturer of the defective part. If improperly loaded cargo caused the crash, the loader may be found liable. The right attorney can help to identify all possible defendants.

It is always a good idea to gather as much evidence as possible in this type of case, but in these matters particularly, naming all possible defendants is important. The reason is that Florida, like many other states, has abolished what is known as joint and several liability. What this means is that since 2006, each defendant found liable is only required to pay their percentage of any damages; with joint and several liability, one defendant could be ordered to pay it all.

Contact A Tampa Commercial Vehicle Accident Attorney

If you have been injured in an accident with a commercial vehicle, identifying every defendant can make the difference between getting the damages you may be awarded and having to settle for less. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can answer your questions about the legal process and will work hard to protect your rights. Call our office today to schedule a free consultation.

Source:

casemine.com/judgement/us/591484afadd7b049344bac71