Common Types of Truck Accidents
There are several kinds of truck accidents that commonly occur:
Underride:
When a vehicle does not see a truck slow down or come to a stop, it can slide under the side or rear of a truck. This kind of accident typically results in severe injuries, including death and total loss of the vehicle.
Rollover:
A truck that rolls over poses a severe threat to the driver and any surrounding vehicles. This type of accident often occurs due to cargo shifting on an incline or taking too wide of a turn.
Tire Blowout:
When a tire blows out, the truck driver can lose complete control of the truck. A tire may blow out, for instance, due to the extreme weight of the vehicle.
Jackknife:
When a truck’s attached trailer loses control, it can cause a “jackknife.” A jackknife accident happens when the cab and the trailer face the opposite direction, making the cab unable to move any longer.
T-Bone:
One of the easiest truck accidents to occur, and often happens when a truck runs a red light, and a vehicle collides into its side.
Blind Spot Crashes:
Blind spots are a huge issue for large trucks because they may not see other vehicles at their side or behind them. When a truck driver cannot see a car in what is known as “No Man’s Land” and changes lanes or makes a turn, the other vehicle can get hit or crushed in a matter of seconds.
Common Causes of Truck Accidents in West Palm Beach
If your injuries are serious enough to meet Florida’s threshold, such as a broken bone, severe burn, brain injury, or spinal cord injury, your truck accident lawyer in West Palm Beach will have to prove the defendant was at fault to hold him or her financially responsible for your losses. An attorney can help you determine the liable party or parties based on the cause of your truck accident. The most common causes of commercial truck accidents in West Palm Beach, FL include:
- Distracted driving
- Cell phone use
- Driving while fatigued
- Broken hours-of-service rules
- Speeding
- Reckless driving
- Merging or lane-change accidents
- Wide-turn accidents
- Trucking company negligence
- Negligent driver training or retention procedures
- Lack of commercial truck maintenance
- Dangerously loaded cargo
Driver error is the main cause of commercial truck accidents in Florida. Almost all of these types of collisions are preventable. If a careless or reckless truck driver caused your accident, you can most likely hold the trucking company vicariously liable. This is a law that makes most trucking companies responsible for the actions of their on-duty drivers. If the driver was the owner/operator of the truck, however, and not an employee of the truck company, you may have to bring your case against the individual driver. Other potential parties you may be able to hold liable are a cargo company, the government, a third-party driver, and a product manufacturer.
How Trucking Companies Fight Liability
There are several arguments that trucking companies commonly use to avoid liability for accidents:
Truck Drivers Are Not Employees
Companies can be held accountable for the negligent actions of their employees under the legal doctrine “Respondeat superior.” As a result, trucking companies often claim their drivers are independent contractors rather than employees. While in some cases that may be true, however, companies cannot incorrectly classify truck drivers after an accident to avoid liability.
Scope of Employment Defense
When a trucking company cannot deny a truck driver’s employment status, their insurance company may try to say that the driver was not considered working at the time of the accident. Also known as a “scope of employment” defense, employers are only liable for an employee’s actions if the employee was acting “within the scope of employment” at the time. For example, if a truck driver causes an accident while returning a leased truck to its owner, on a break, or running a personal errand, their trucking company can deny liability since the driver was not working at the time. If the company is successful, then the liability falls on the truck driver.
Shifting the Blame
Another attempt by a trucking company to avoid responsibility is to place blame on the victim or other parties. In extreme cases, they will destroy evidence of liability, such as data from the truck’s black box or the driver’s logs (record of hours of service). If the trucking company can successfully shift the blame onto a victim, they can significantly limit payment on a claim. Under Florida’s pure comparative negligence law, parties involved in an accident can still recover compensation if they are partially at fault, but their compensation is reduced accordingly. For instance, if you are found 40% at fault and awarded $100,000, you will only recover 60% or $60,000.
Types of Damages Available After a Truck Accident
A severe commercial vehicle and truck accident can be both physically and financially devastating. Victims have the right to demand compensation for injuries and other losses. Some of the compensation available to claim include:
Medical Expenses
This includes past medical bills, beginning from the accident to future expenses. Future medical care is calculated based on the extent of your injuries and the future doctor appointments, surgeries, medications, physical therapy, and other medical treatment you will require.
Lost Wages
The wages you would have earned had you not been injured in the accident. Future lost income is also included and lost earning capacity if you cannot do your job at the same level you did before the accident.
Property Damage
Compensation for repairs or a replacement if your vehicle is totaled and for other personal items damaged in the truck accident such as laptop, phone, clothing, etc.
Pain And Suffering
For the physical and psychological pain, as well as emotional distress or loss of quality of life, caused by the accident and your injuries.
Punitive Damages
Cases involving a truck driver who exhibited extremely reckless behavior (e.g., drunk driving) may be awarded punitive damages. This type of compensation is rarely granted and is meant to punish the at-fault party and deter others from similar behavior.
Speak to a Truck Accident Attorney in West Palm Beach, FL Today
Our Palm Beach County truck and car accident attorneys can help you protect your rights and move forward after a devastating collision with an 18-wheeler in Florida. Our west palm beach truck accident lawyers can represent you during an insurance claim and/or injury lawsuit. Know your legal options. Find out how our truck accident attorneys can help you today. Call our local law firm at (561) 623-3681 or contact us online to request a free case evaluation.