Potential Defendants In A Florida Tractor-Trailer Accident
When a person is involved in an accident with a tractor-trailer or other large commercial vehicle, their injuries are likely to be serious or even fatal because of how large and heavy the vehicle is. That said, if you believe that negligence played a role in causing your injuries, you have the right to seek damages under a civil law theory known as personal injury law. The question of who should be included in the lawsuit, however, can sometimes be confusing. The right attorney can help you determine how to move forward and who might bear a share of liability.
The Tractor-Trailer Driver. As one might imagine, the direct cause of a tractor-trailer accident can sometimes be the vehicle’s driver. While obviously not every crash of this type can be laid at the driver’s door, in many cases it is easy to analyze the situation and argue that but for the driver’s actions, your injuries would not have occurred. A commercial driver will often be judgment proof, meaning that they may not have sufficient assets to be able to pay a jury verdict, but it is often worth it to include them in your lawsuit regardless.
The Driver’s Employer. There are two most common ways that a driver’s employer may wind up bearing liability for the harm done to an injured plaintiff. The first is by alleging that the employer is guilty of negligent hiring – in other words, that the employer failed to do sufficient investigation into an employee’s background and was negligent in putting that person out on the road. That said, there is a presumption against employer negligence in some cases.
The second way an employer can be deemed negligent – or at least, to bear a share of the liability – is through a concept known as vicarious liability. If an employee commits a civil tort while they are engaged in furthering their employer’s business, the employer is likely to be deemed vicariously liable for the acts of the employee.
The Owner Of The Tractor-Trailer. If the driver’s employer does not own the vehicle involved in an accident, its owner can sometimes be held liable if your crash involved alleged mechanical failures or maintenance issues.
The Freight Broker. Due to the recent decision in Montgomery v Caribe Transport II, LLC (2026), a freight broker may be held liable after an accident if the trucking company they recommended was negligent. Historically freight brokers have been immune from these types of suits, but this is no longer the case as of this writing.
Contact A Tampa Tractor Trailer Accident Attorney
While there are other potential defendants that may be liable depending on the nature of your accident, these are the most commonly sued after a vehicle crash. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help you determine what your best path forward is – call our office today to schedule a consultation.
Source:
supremecourt.gov/opinions/25pdf/24-1238_1b7d.pdf
