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A semi-truck accident is an incredibly destructive event that leaves those involved with significant damage. People can be injured to the point of lifelong disability, experience severe emotional distress, and in many cases, they can even lose their life. After such a damaging event, the question of who can be held accountable becomes the foremost thing in those affecteds’ minds.
The answer to such a question is often not always quite as simple as one would hope. Truck accidents by nature are quite catastrophic and can be caused by a variety of factors that can be fairly obvious and in other cases not so much. Many people may be surprised that it is not as simple as suing a truck driver. There are in fact several parties that could potentially be found liable for the damages caused by a tractor trailer accident.
In the event you or a loved one have been involved in a semi-truck accident, then you may be able to seek compensation for the injuries that you suffered as a result. If a liable party was negligent and that negligence caused the accident that injured you then they can be held accountable for the damage that they caused. Your damages such as medical expenses, pain and suffering, lost wages, and disability damages can be compensated with a settlement and save you from significant financial harm.
With the assistance of a skilled attorney experienced with tractor-trailer claims, you can increase the chance of successfully recovering compensation greatly. Eberst Law can offer specialized skills and resources when it comes to tractor-trailer accident claims. We can provide expertise gained from years of successful truck accident cases as well as investigative resources to help prove a liable party’s negligence that caused a semi-truck accident.
Most often the question of liability in a tractor trailer accident claim comes between a few common liable parties. In many cases, it is the trucking company that employs the driver that is liable. It is a company’s responsibility when one of their employees engages in behavior or conduct that endangers others and their property. So if a truck driver in the direct employ of a major trucking company falls asleep at the wheel and causes a large accident then the trucking company will likely be responsible for their employee’s conduct and their insurance will be the one that a claim will have to deal with when it comes to getting compensation.
There are certain instances where a driver alone may be the one held liable for a truck accident. Some semi-truck drivers work independently and despite being hired by a business to haul cargo, they alone maintain liability because of their independence. The level of liability in regard to the independent driver and the business employing them depends on how the driver is paid, the nature of the work, who owns the truck, the amount of control the business had over the driver and their actions, and whether the work required supervision.
A truck driver can also be held liable in a tractor trailer accident claim when they intentionally acted in a way that endangered the other involved parties. This is called intentional tort and should a driver purposely do something like ram another car out of road rage then they will experience criminal prosecution in addition to any civil lawsuits an injured accident victim may bring upon them.
A driver can also do something not relating to their job that causes an accident and then be found liable. If a driver deviates from their route to go visit a friend while driving their truck but get in an accident then they alone can be found liable because they caused the accident while not within the scope of their employment.
Another party that can be found liable for the damages caused by a semi-truck accident is a maintenance provider. Should a maintenance provider’s services be negligent and result in an accident then they can be held accountable. For example, if a maintenance provider does not properly install a piece of equipment in a semi-truck and it malfunctions resulting in an accident then that maintenance provider is at fault.
The best thing you can do when you are severely injured in a semi-truck accident, is seek a lawyer experienced in semi-truck accident injury claims. You technically could pursue a claim on your own but the odds of you successfully navigating the many pitfalls of insurance tricks and legal process is greatly diminished. Insurance companies have everything they need to successfully deny a claim; as that is their goal since profits are their main priority. Insurance companies have the experience, personnel, resources, lawyers, and money to fight a claim to any extent necessary. If it turns into a “who can withstand the storm longer” type of situation, the answer will always be the insurance company when competing against an injured victim on their own.
It doesn’t cost you anything to get an injury attorney to look at your case. Likewise, truck accident lawyers don’t cost anything out of your pocket since they work on a contingency fee basis. This means they take a percentage of the settlement once the claim is seen through and don’t get paid at all if the injury victim doesn’t recover financial compensation. You or your loved one are likely significantly injured if you are even considering hiring a car accident attorney in the first place. So you should focus on your recovery while a professional works to maximize your settlement with the insurance companies and courts.
If you have been injured in a truck accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. You can contact us online or call us at 772-225-4900.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Gainesville, Florida Office
We are all aware of the grave consequences that come with driving under the influence. The extensive public awareness campaigns executed by numerous institutions as well as the countless lives impacted by DUI accidents have informed the populace of how dangerous such an act is. Catastrophic car accidents caused by drunk drivers commonly injure those involved to the point that they face lifelong disability and in many cases cause fatalities. What many people do not know is that alongside drunk driving there is another contender when it comes to causing similar accidents of comparable damage.
Drowsy driving is one of the lesser known dangers that cause many accidents every year. Sleepy, tired, fatigued driving as it may also be called is dangerous and at times is comparable to the danger of driving under the influence. Drivers should never drive while tired and should avoid fatigue on the road. Doing otherwise can result in impaired driving that can cause a severe accident. Drivers should also remain very wary of drivers on the road that may be driving while drowsy or fatigued as well.
Driving while tired is much more than just yawning while behind the wheel as you drive into the late hours of the night. Drowsy driving results in effects very similar to those that are caused by drinking or intoxication.
With all these effects, a person behind the wheel can easily cause an accident. When someone drives a vehicle for several hours continuously they can run the risk of starting to get fatigued. This is especially true when someone starts to drive at night or they drive into the night.
Drowsy driving can theoretically be done by anyone but certain groups are more likely to suffer from driving fatigue.
The most affected group when it comes to accidents caused by driving fatigue is truck drivers. Semi-truck drivers often have to spend all day behind the wheel of a commercial tractor-trailer and almost assuredly develop fatigue after a while. There are regulations and mandates that maintain that truck drivers can only drive a certain amount of hours in a row before having to take mandatory rest breaks. They must log the hours in which they do drive so that their driving time can be tracked and checked in the event that an infraction is suspected.
Unfortunately, many truck drivers experience a lot of pressure to make very tight deadlines on their truck routes. This leads to some truck drivers driving more than the recommended amount and putting themselves and others they share the road with at risk.
People making long-distance trips are also at risk for drowsy driving. Road trips may be fun but it is important to know when to stop driving and take a break. Many drowsy driving accidents have been caused by people driving home from a late night event or job shift. They may not have drank any alcohol but they perhaps have been awake for 19 hours and are starting to feel very tired.
A little yawn while driving doesn’t exactly mean you’re at risk for causing a six car pileup but certain signs may indicate that you should consider pulling over because fatigue is setting in.
It is also important to be able to recognize other drivers that might be driving while fatigued and tired. They often display similar patterns as drivers that are intoxicated. Like the signs mentioned before they can drift in and out of lanes, drive particularly fast or slow
If you feel that you are becoming fatigued and that your driving abilities are beginning to suffer as a result, then don’t hesitate to pull over and take a break. It’s better to be safe rather than sorry after an accident. Some easy steps to take to avoid drowsy driving include:
When someone is involved in a car accident because of a drowsy driver then they may be able to seek compensation for their injuries with a car accident claim. Drowsy driving is a negligent act that can be proven with evidence and thorough investigation. Drowsy drivers can cause all kinds of serious injuries that can put people in the hospital and cause lifelong disability. The damages suffered because of a negligent act such as drowsy driving deserve to be compensated.
Lastly, make sure you consult with an experienced personal injury attorney as soon as possible after being involved in an auto accident with a drowsy driver. Cases involving a fatigued driver have many intricacies that regular auto cases do not have, and it takes an experienced, dedicated attorney to handle these types of claims. The Eberst Law Firm has handled many cases involving drowsy drivers and our attorneys are prepared to fight for you to ensure that justice is sought and that the drunk driver has to pay legal ramifications for his or her wrongdoing.
Contact The Eberst Law Firm today for a free consultation by calling 772-225-4900 or by emailing us. We look forward to applying our experience and expertise toward helping your family recover from injuries caused by a negligent Florida drowsy driver.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Gainesville, Florida Office