What are some of the instances that are common to truck involved accidents? Fetterman & Associates, has found that there are specific instances and situations that tend to be the genesis for such accidents.
We understand such incidents intimately. Florida truck accident law firm at Fetterman & Associates, PA are able to successfully represent victims of truck accidents in civil legal actions.
Fetterman & Associates has a wealth of experience in the complex area of Florida personal injury law related to truck accident. What types of common incidents are involved in truck mishaps?
At Fetterman & Associates, we have found that driver negligence is common to truck involved accidents. Injuries due to the negligence of drivers of large trucks are often more severe than in other cases due to the fact that the mass, speed, and weight of the truck, and the overall force, can be overwhelming to another driver and their vehicle.
There are numerous types of negligence that involve truck drivers. Common incidents include drivers who are new to the road and lack the experience necessary to command such a large vehicle in numerous types of situations. Also, driver fatigue can be a major factor.
Nationally, commercial truck drivers have a 14-hour duty limit and 11-hour driving limit, after which they must be off the road for 10 hours. Hours of service may be extended for those with sleeper berths.
There are times when drivers do not observe these rules or when they push the hours of service when they are working to the limit and, due to excessive fatigue, find themselves in a hazardous situation and acting in a negligent manner.
Overloaded trucks, trucks that are not properly maintained, and truckers that are operating large units on narrow roads all fall under driver negligence. Failing to obey traffic laws, including excessive speed and aggressive driving, and improper monitoring of the road, including the truck’s large blind spot, are all examples of negligent behavior.
Florida Truck accident attorney at Fetterman & Associates understands what it takes for you to win a personal injury lawsuit in a truck accident. What must be proven is that the driver breached his/her duty of care to other vehicles and that such breach was related to either an action or a lack of action on the driver’s part. It must also be proven that due to the driver’s breach of duty, the victim sustained injuries and loss.
However, the driver is not always liable for the accident. There are times when the owner of the trucking company and manager may be liable, or others, such as the truck owner, the person who employed the driver, and their respective insurers, may be responsible for damages.
Another aspect of commercial truck accidents and liability has to do with product defects in the truck or any of its many components. If product liability is involved, then a claim is made against the manufacturer of the particular product or the vehicle.
In order to win such a suit, it is necessary to prove that the truck or a component part was defective when manufactured, that it was “unreasonably dangerous” and that the defect caused or contributed to causing the injury. Also, the truck must have been operated in the manner that was intended by the manufacturer and must not have been substantially altered.
A less traveled and more difficult path involves bringing a strict liability suit in the case of a truck accident where negligence is not an issue. Instead, the plaintiff must prove that the defect was inherent to the manufacturing process. This is a complicated process that involves analysis, testing, and testimony by experts.
If product liability is a possibility, Fetterman & Associates will ably guide you in the legal the process, working tirelessly to obtain the compensation that you deserve.
Along with instances that cause such mishaps, it is unfortunate to note that wrongful death cases are common to trucking crashes. Trucking accidents can be exceptionally serious, and there are times when victims sustain injuries that result in death.
West Palm Beach Truck Accident Lawyer
If this is the case, then the family of the deceased may bring suit in civil court in order to receive compensation for their loss. Fetterman & Associates will work with family members to ensure that they receive the compensation they deserve and require due to such a devastating loss, including non-economic, economic, and, in some cases, punitive damages, which would be awarded in cases where the actions of the driver were willful or malicious.
Fetterman & Associates will represent you in your civil lawsuit in cases that are common to truck involved accidents, including negligence, product liability and wrongful death cases.
We provide comprehensive legal services and possess a record of success in representing those who have been injured and suffered property loss in truck accidents. Contact us toll free at 561-845-2510.
648 US Highway One
North Palm Beach, FL 33408
1225 SE Port Saint Lucie Boulevard,
Port St. Lucie, FL 34952