When it comes to truck accidents and other personal injury claims, Melbourne is a comparative negligence jurisdiction. What this means is that even if you are 99 percent at fault for the incident, you can still recover one percent of your damages after a crash.
Our attorneys have many years of experience going to trial and are not afraid to stand up to large trucking companies on behalf of our clients if we are unable to settle out of court. We will work hard to establish liability on behalf of the at-fault parties and aggressively defend against allegations of shared blame. Contact our firm today to learn more.
Numerous factors can move liability or fault when dealing with comparative negligence in Melbourne commercial vehicle collisions. The circumstances surrounding a crash play one of the most vital roles. Drivers of standard motor vehicles such as cars, motorcycles, and SUVs are held to a reasonably prudent duty of care. A commercial truck operator, on the other hand, is held to a higher standard because they are considered a professional driver. With this in mind, factors such as who had the right of way, who had the last chance to avoid the crash, and whether anyone violated a Florida statute in the operation of their vehicle are all considered.
Another important consideration is whether the truck driver should have even been on the road according to their hour logs. If a trucker was operating a semi while fatigued and another driver also acted irresponsibly by failing to signal, would a reasonably prudent, well-rested truck driver have been able to avoid a resulting crash? If a jury answers yes, a higher amount of blame might be placed on the truck driver despite both parties participating in negligent behavior.
Additionally, things such as road conditions during inclement weather, being under the influence of drugs or alcohol, and driving with distractions can all contribute to the amount of liability one faces.
In claims involving semi-truck wrecks in Melbourne, there are many individuals that comparative negligence could apply to beyond the driver of the vehicle. The trucking company that the person drives for, whether they are an employee or independent contractor, can, at times, share fault for an incident. This could be due to negligent training or hiring practices, such as a failure to perform background checks or require the proper certifications. Similarly, if the at-fault trucker has been in multiple other accidents where they were deemed at fault, and the trucking company continued to employ that person, the company can be found directly negligent.
In certain instances, there is insurance coverage on the truck, employee, company, and the load that they are carrying. The trailer itself typically has separate insurance, which most people would not know. It takes an experienced attorney to investigate the total amount of available coverage and who else the trucker might have been an agent of. The more sources of negligence that could exist in a particular situation could mean the potential for recovering more compensation for one’s losses.
If you were injured in a collision with a large commercial vehicle, you are undoubtedly facing many questions and challenges. Let our team help. Contact us today to begin reviewing your case details, and for a better understanding of comparative negligence in Melbourne truck accidents and the role it could play in your claim. We charge no up-front fees and only collect payment if we successfully recover compensation on your behalf.