Tanker Truck Accidents
In a large state like Florida, it is not uncommon to see large tanker trucks on the highways and delivering to gas stations and other businesses in urban areas. Although these vehicles are an important part of our infrastructure and commercial operations, they may pose a serious risk to motorists, especially when an operator is not paying attention or has not received adequate training. At the Law Office of Adam Baron, we can provide legal counsel to victims of tanker truck accidents in many Florida cities. Our Naples truck accident attorneys understand how to approach this type of lawsuit and are prepared to put our skills and experience to use for your family and you.Seeking Compensation after a Tanker Truck Accident
There are many different reasons why a tanker truck crash may occur. Some common contributing factors include distracted driving, fatigued driving, inadequate maintenance of the vehicle, improper cargo loading or imbalanced cargo, lack of driver experience, speeding, disobeying traffic laws, and driving under the influence. Truck drivers and other commercial vehicle operators are subject to a specific set of regulations when it comes to vehicle operation and maintenance. They must perform a certain amount of training hours both in the classroom and behind the wheel before they may drive on their own. Laws that apply to intoxicated driving also impose heightened standards on truck drivers.
In most situations, a victim of a crash may bring a negligence lawsuit against the driver and the company that employs them to pursue compensation. There are four parts of a negligence case: duty, breach, causation, and damages. To obtain a favorable outcome, the plaintiff needs to prove each of these elements by a preponderance of the evidence, which is a standard far less burdensome than the “beyond a reasonable doubt” standard used in criminal cases. If the plaintiff names both the driver and the trucking company in the legal action, the plaintiff may be able to prove the elements against the driver and then hold the trucking company indirectly responsible through a theory called vicarious liability. Under this theory, an employer may be held liable for careless acts of its employee that are committed during the course and scope of employment and for the benefit of the employer.
In an accident case, a defendant will often argue that the plaintiff was negligent and therefore either partially or wholly at fault for their injuries. Florida has adopted a pure comparative fault standard, which means that the jury may consider whether the plaintiff was negligent and assign a percentage of fault to the plaintiff. Any damages award in the plaintiff’s favor will then be reduced by this percentage.Retain a Dedicated Truck Accident Attorney in the Naples Area
At the Law Office of Adam Baron, our motor vehicle collision lawyers understand how challenging it may seem to assert your rights and understand your legal options after a truck accident. Our Naples truck accident lawyers offer a free consultation to help you learn more about your options and how we may be able to assist you. We can represent you in every facet of the litigation, including gathering evidence and negotiating with insurance companies. We assist injured people in Naples, Coral Springs, Tamarac, Fort Myers, North Miami Beach, and other cities in Miami-Dade and Broward Counties. To schedule your appointment, contact us online or call us at one of our regional locations. You can reach 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.