Should I File Suit After A Commercial Vehicle Crash?
If a person is injured in a Florida auto accident, it can sometimes be difficult to determine whether or not they have a case worth pursuing in court. This can be particularly true in accidents involving commercial vehicles like large trucks or commercial buses – truck drivers do not generally have the assets or wealth to pay off a jury award even if an injured plaintiff prevails in court. However, a legal theory known as vicarious liability can help injured victims receive the compensation they deserve.
Only Some May File Suit
In a standard auto accident case, two or more private individuals will exchange insurance information and any bills or expenses are intended to be dealt with via insurance claims. Florida is a no-fault auto insurance state, which actually requires those with minor claims to settle them via a claim with their personal injury protection insurer, as opposed to filing suit in court. Only those with “significant and permanent” injuries have the right to file a lawsuit against an allegedly negligent driver.
If your injuries are sufficiently serious to allow you to file suit in Florida, you must establish that the person or entity you are suing was negligent. To show a court that the defendant in your case was negligent, three things must be established to the court’s satisfaction: a breach of the duty of care owed by every road user to each other, tangible injuries resulting from that breach, and a showing that no other intervening cause played a role in causing those injuries.
Who Is Negligent?
If you have experienced such serious injuries that you will be able to file suit in a Florida court to try and recover damages, the next major question should be exactly who to sue – that is, who should rightfully be held liable for the harm you have suffered. Most people would assume that the driver is the only appropriate defendant; in reality, in commercial vehicle-related cases, the legal theory of vicarious liability may allow you to sue the driver’s employer as well.
At common law, a ‘master’ was held to be responsible for the acts of their ‘agent.’ This applies to commercial drivers and their employers, but only if certain factors are present in your accident case. For example, a trucking company will be held liable for the tortious actions of truck drivers only while a driver is acting within the “scope of their employment” – that is, either while on the clock, engaged in behavior designed to further their employer’s interests, or both. If this applies in your case, including the employer as a defendant may make a difference in your odds of recovery.
Contact A Tampa Commercial Vehicle Accident Attorney
Being involved in an accident with a large truck or other commercial vehicle can be a life-changing event. If you suspect that it occurred because of negligence, whether on the part of the driver, their employer, or someone else, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can try to help you determine your options. Contact our office today to schedule a free consultation.
Source:
flsenate.gov/Laws/Statutes/2024/627.737
