Victims Throughout Florida
West Palm Beach Attorneys Representing People in Lawsuits Arising Out of Truck Accidents
Commercial truck drivers, like all drivers, have a duty to operate their vehicles in a safe manner. Unfortunately, however, many truck drivers drive recklessly, which often leads to accidents. Commercial trucks typically weigh several tons and travel at high speeds, and when they collide with other vehicles, the result is often catastrophic and, in many cases, fatal. If you suffered injuries or the loss of a loved one due to a truck accident, you should consult an attorney regarding what damages you may be owed. The dedicated West Palm Beach truck accident attorneys of Winegar Law, P.A. are mindful of the emotional and economic cataclysmic collisions can cause, and we will work tirelessly to help you pursue the full amount of compensation you may be eligible to recover. We frequently assist people in truck accident lawsuits in West Palm Beach as well as in other cities in Florida.
Common Causes of Truck Accidents
Truck accidents, like most collisions, usually occur due to reckless driving. For example, if the truck driver is driving too fast for the present conditions, it may reduce their ability to slow down, stop, or control the truck, which can lead to a crash. Similarly, if a driver fails to check the truck’s numerous blind spots prior to changing lanes, they might collide with a car that is not visible in the truck’s mirrors.
While many truck crashes are caused by the failure to abide by Florida’s laws regarding the use of motor vehicles, they can also arise out of a driver’s failure to abide by federal safety regulations that apply to truck drivers and trucking companies. Specifically, if a driver operates a truck longer than the maximum amount of time permitted per day or week, it can lead to fatigue, and the driver may fall asleep at the wheel, causing an accident. Additionally, if a truck’s cargo load exceeds the allowable weight, it may reduce the driver’s ability to control the truck or cause the truck to tip over, causing a catastrophic crash.
Elements of a Lawsuit Arising Out of a Truck Accident
Parties injured in trucking accidents have the right to pursue damages from anyone that may have caused the accident in a civil lawsuit. Typically, in cases arising out of truck collisions, the plaintiff will pursue a negligence claim against the truck driver. Essentially, negligence is the violation of a duty imposed by law. As such, to prove negligence under Florida law, the plaintiff must show that the defendant owed the plaintiff a duty, such as the duty to comply with laws or regulations regarding the operation of commercial trucks, but that the defendant breached the duty.
The plaintiff must also show that the breach of the duty led to the accident. In other words, while the breach does not have to be the only cause of the accident, it must be a significant factor in bringing it about. Finally, the plaintiff must show that they suffered quantifiable losses due to the accident. If the truck driver involved in the accident was employed by a trucking company, the plaintiff might be able to seek damages from the company as well. Specifically, the employer may be deemed vicariously liable for the driver’s behavior if it occurred while the driver was acting within the course and scope of their employment at the time of the crash.
Meet with an Assertive Florida Truck Accident Attorney
If you sustained injuries or lost a loved one due to a truck accident, you should meet with an attorney as soon as possible to discuss your rights. The truck accident attorneys of Winegar Law, P.A., possess the skills and experience needed to help you seek any compensation you may be owed, and we will advocate assertively on your behalf. We frequently assist people in truck accident cases in West Palm Beach and Miami and cities throughout Florida. We have offices in West Palm Beach and Miami, where you can contact us by calling 561-717-0447. You can also contact us via our form online to schedule a consultation.