Due to the size and weight of commercial trucks compared to passenger vehicles, truck accidents can have devastating consequences. In Tallahassee, Florida, understanding the specific laws and regulations governing truck accidents is crucial for victims seeking justice and compensation. In the guide below, our Tallahassee truck accident attorney explores the legal landscape surrounding truck accidents in Tallahassee, including the causes, legal responsibilities, and steps to take if you are involved in such an accident.

Causes of Truck Accidents

Truck accidents can result from various factors, often involving complex interactions between human error, mechanical failures, and environmental conditions. Understanding these causes is essential for determining liability in an accident.

Driver Error

Some truck accidents are caused by the operator’s mistakes. For example, the trucker may be tired or stressed due to a tight deadline required by the company for which they’re driving. Drivers might also be worried about making a mistake regarding the correct route to follow. 

Fatigue

The length of days a truck driver works can impair his or her reaction times and judgment.

Distracted Driving

Using mobile phones, eating, or other distractions can lead to accidents.

Impaired Driving

Drinking alcohol or taking drugs before driving is against the law and increases the likelihood of causing an accident.

Speeding and Reckless Driving

Exceeding speed limits or driving aggressively can cause serious accidents.

Mechanical Failures

Trucks are complex machines that require regular maintenance. Common mechanical failures include:

• Brake Failures: Malfunctioning brakes can prevent a truck from stopping in time.
• Tire Blowouts: Worn or improperly inflated tires can lead to blowouts and loss of control.
• Engine Problems: Engine failures can cause sudden stops or reduced maneuverability.

Environmental Factors

External conditions can also contribute to truck accidents, such as:

• Weather Conditions: Rain, fog, and other adverse weather can reduce visibility and road traction.
• Poor Road Conditions: Potholes, debris, and uneven surfaces can cause accidents.

Legal Responsibilities and Liability

Determining liability in a trucking collision can become complicated since there may be a number of parties who share culpability. Florida is a comparative fault state, which can affect these determinations.

Truck Drivers

Truck drivers have a duty to operate their trucks in a manner that does nothing to put others at risk on the road. Therefore, if a truck driver drives too fast while exhausted, or otherwise unsafely, and an accident results in harm to someone, the truck driver can be held legally liable for that harm.

Trucking Companies

Trucking companies may be liable for the negligence of their drivers and poor maintenance of their vehicles.

• Negligent Hiring: If an employer fails to properly check the references of a driver, and that driver then causes an accident due to incompetence or danger, the employer can be held liable. 
• Poor Maintenance: Failing to maintain trucks can result in mechanical failures which, in turn, can lead to horrific accidents.
• Violating Regulations: Violating federal and state regulations (e.g., hours-of-service rules) can lead to accidents due to exhaustion. 

Manufacturers

If a truck accident is caused by a defective part, for example, the company that manufactured that part may be held liable.

Cargo Loaders

When a truck is improperly loaded or secured, it can become unbalanced. This can lead to an accident, and the cargo loader can be found to be legally responsible if their conduct caused or contributed to the accident.

Florida Trucking Regulations

Florida has specific regulations governing the operation of commercial trucks. These regulations are designed to enhance safety and reduce the risk of accidents.

Hours of Service

Florida adheres to the Federal Motor Carrier Safety Administration (FMCSA) regulations regarding hours of service. These rules limit the number of hours a truck driver can be on the road to prevent fatigue-related accidents.

Steps to Take After a Truck Accident

What steps should you take if you’re involved in a truck accident? Here are some of the things you need to know to safeguard your rights and recover damages. 

Seek Medical Attention

Your health is top priority. Seek medical attention immediately, even if you don’t feel injured. Some injuries may not be immediately apparent.

Report the Accident

Contact law enforcement to report the accident. A police report will provide an official record and can be crucial for your claim.

Gather Evidence

Collect as much evidence as possible at the scene. This includes:

• Photos: Take pictures of the accident scene, vehicle damage, and any visible injuries.
• Witness Information: Get contact details from any witnesses.
• Driver Information: Obtain the truck driver’s name, contact information, and insurance details.

Contact a Skilled Truck Accident Attorney 

Truck accident cases can be complex, involving multiple parties and regulations. An experienced Tallahassee truck accident attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies.

Filing a Claim

In Florida, you have the right to file a claim to seek compensation for your injuries and damages. Understanding the process can help you pursue justice effectively.

Insurance Claims

After an accident, you can file a claim with the truck driver’s insurance company. Provide all necessary documentation, including medical records and evidence from the accident scene. However, be cautious when dealing with insurance adjusters, as they may attempt to minimize your compensation.

Lawsuit

If a fair settlement cannot be reached, you may need to file a lawsuit. A truck accident attorney can help you file the necessary paperwork and represent you in court.

Compensation

Victims of truck accidents can seek compensation for various damages, including:

• Medical Expenses: Current and future medical bills related to the accident.
• Lost Wages: Compensation for lost income if you are unable to work.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Property Damage: Costs to repair or replace your vehicle and other property.

Speak to a Knowledgeable Truck Accident Attorney in Tallahassee Today

An accident involving a truck in Tallahassee or elsewhere in Florida can quickly become a complex legal case, with multiple defendants who could be liable for damages. Truck accident cases have a much different structure than regular automobile accidents, and the approach taken by some attorneys in standard automobile accidents may not be appropriate in truck accident cases. Contact our office today to speak to one of our truck accident attorneys before it’s too late.

The post Understanding Truck Accident Rules and Regulations: What Tallahassee Residents and Visitors Need to Know appeared first on Searcy Law.