Michael Damaso / 03-05-2023 / Truck Accident

How to Determine Responsibility After a Truck Accident in Florida

While many truckers and trucking companies take safety standards incredibly seriously, this is not always the case. If a truck driver or trucking company behaves negligently, they can cause an accident and severely injure victims. Additionally, truck accident victims are forced to contend with lengthy hospital stays and extended time off of work. If you have been injured in a Florida truck accident, you deserve to hold each negligent party accountable for the full extent of your injuries and other losses. 

The award-winning attorneys at Wooten, Kimbrough, Damaso & Dennis are dedicated to helping truck accident victims fight for justice. Our skilled attorneys will thoroughly investigate your case to uncover the cause of your accident as well as who may be responsible for your injuries. We understand how challenging recovering from a truck accident can be and aim to make the claims process as stress-free as possible as we fight for you. 


How Is Liability Determined After a Florida Truck Accident?

Determining liability after a truck accident can be complex, and having an experienced attorney on your side is in your best interest. To establish liability in a truck accident claim, your attorney must prove the following elements:

  • The defendant owed you a duty of care
  • The defendant violated the duty of care by acting negligently
  • This negligence caused your accident
  • Your accident caused you to suffer economic and non-economic losses. 

All Florida drivers owe others on the road a duty of care to act reasonably and responsibly to prevent accidents. If a truck driver violated this duty of care by breaking traffic laws or engaging in distracted driving, they may be found negligent and responsible for your injuries. However, depending on the circumstances surrounding your accident, several other parties may bear responsibility for the collision. 


Parties That May Be Held Liable Through a Truck Accident Claim

Although many truck accident victims may assume the truck driver is solely responsible for their injuries, many others are involved in getting the truck from one destination to another. A few other parties that may bear liability for your accident include the following:

The Trucking Company

If the trucking company does not hire qualified drivers or fails to maintain their vehicles properly, they may be held liable for their part in the accident. 

The Truck Manufacturers

Truck manufacturers are responsible for ensuring their parts are not defective before they are installed in the vehicle. The manufacturer may be held accountable if a defective product causes an accident. 

The Loading Company

Improperly secured cargo can cause severe accidents and life-threatening injuries. When loading companies fail to uphold the duty of care, they may be found negligent through a truck accident claim. 

Another Driver

If your accident involved multiple vehicles, it is possible that another driver set off the chain reaction that caused the truck to hit you. The negligent driver could be held accountable for your injuries in this scenario.

Your attorney will work to uncover each negligent party and pursue the maximum compensation available for your injuries and other losses. 


Consult With a Highly-Qualified Truck Accident Attorney at Wooten, Kimbrough, Damaso & Dennis

At Wooten, Kimbrough, Damaso & Dennis, our attorneys have over a century of combined experience helping truck accident victims hold truck drivers, trucking companies, and other negligent parties accountable for the harm they have caused. Our attorneys understand that no two truck accidents are exactly alike and will tailor their approach to your unique case. We have a proven track record of successfully recovering millions of dollars in damages for our clients in Orlando and the surrounding areas. 

To schedule a free consultation with a member of our skilled legal team, call us at (407) 843-7060 or complete our contact form today.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.