When a truck driver fails to receive appropriate training or operates his or her large vehicle without the appropriate level of attention and care, serious injuries can result. As far as truck accidents go, jackknifing is one of the most common types of collisions. In this type of accident, the driver loses control over the vehicle, and the trailer swings out from behind the cab of the vehicle, thrusting the vehicle in an unintended direction. Considering that these trucks can weigh up to 80,000 pounds, jackknifing puts nearby motorists and pedestrians at serious risk. At the Law Offices of Adam Baron, our Naples truck accident attorneys have assisted many South Florida residents with asserting their rights against a negligent truck driver or trucking company, and we are prepared to help you do the same.Bringing a Negligence Claim after a Jackknife Accident
Truck drivers are often employed by trucking companies rather than operating independently. According to Florida law, an employer is liable for the negligent acts of its employees when those acts are performed in the course and scope of an employee’s job duties. This means that a trucking company that employs a driver who operates his or her truck while intoxicated, distracted, overly fatigued, or engaging in other careless behavior may be held liable for any injuries resulting from these negligent acts. To prove negligence, a plaintiff must show that the defendant owed the plaintiff a duty of care and failed to act according to that standard.
Truck drivers have a duty to operate their massive vehicles with reasonable care and prudence, which encompasses complying with applicable traffic laws and regulations. The trucking industry is one of the most heavily regulated industries in the United States, reflecting the serious danger that these vehicles may pose to other motorists. If you have been involved in a truck accident, it is a good idea to obtain a police report. The report will often document whether the driver violated any statutes or traffic laws.
After proving duty and breach, the plaintiff must next show that there is a causal connection between the defendant’s lack of due care and the injuries that he or she sustained. If both the plaintiff and the defendant were negligent, the jury will be allowed to assign a percentage of fault to each party, and any award of damages provided to the plaintiff will be reduced by the percentage of fault assigned to him or her. Finally, the plaintiff will need to establish the specific amount of compensation that he or she needs. This typically requires proof of past and future medical expenses, lost wages, diminished future earning capacity, property damage, pain and suffering, and potentially other items.Seek Guidance from a Truck Accident Attorney in Naples
The last thing that you should need to handle after suffering serious injuries in a truck accident is navigating the judicial system and negotiating with insurance companies. At the Law Offices of Adam Baron, our Naples truck accident lawyers are ready to assist you with all of the aspects of your claim. We proudly serve people in Coral Springs, Fort Myers, Tamarac, North Miami Beach, and other areas of Broward and Miami-Dade Counties. We offer a free consultation to help you learn about your options. Contact us online or call us in Broward County at (954) 247-4878, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511 if you need to speak with a knowledgeable motor vehicle collision attorney.