Can I sue the truck driver’s trucking company for my injuries?
Yes. An employer is liable for the negligent acts of his employee committed during the course and scope of his employment. Under the Federal Motor Carriers Act and Florida’s similar act, you can also sue the owner of the truck the driver was operating, the owner of the trailer that was being pulled by the truck. In some cases, those vehicles may have been leased and not owned. You can sue the person that leased the vehicle and/or the trailer. Sometimes you can sue the person that loaded the trailer negligently, causing an accident.
In any scenario, there’s a lot of evidence that truck drivers are required to maintain under the Florida Motor and Federal Motor Carriers Act. It’s imperative that a preservation letter be sent out as soon as possible to all potential defendants, so that this evidence is not lost or destroyed. Failure to do so may harm your case and really make it difficult to prevail, and it makes it difficult on your attorney if this evidence is not preserved.