Switch to ADA Accessible Theme
Close Menu
Matassini Law Firm
FREE Consultations Available
813-217-5715
TAMPA
Matassini Law Firm > Blog > Truck Accident > What You Need To Know About Truck Accidents In Florida

What You Need To Know About Truck Accidents In Florida

Truck5

The number of fatal tour bus and large truck crashes has increased 29 percent since 2009. Much of this increase may be due to fatigued driving.

Many Tampa shipping companies pay their drivers by the load and not by the mile. So, these individuals must stay on the road as long as possible to make money. Meanwhile, tour bus drivers are often behind the wheel early at morning and late at night. Many people are naturally sleepy at these times, no matter how much rest they got the night before.

Because of the catastrophic nature of many truck crash injuries, like wrongful death and serious burns, most victims are entitled to significant compensation. Being entitled to money is one thing; actually obtaining it in court is quite another.

Evidence in a Tampa Truck Crash Case

Over the last several years, two key technological innovations have made it easier to obtain evidence in these cases. But without prompt legal action, this evidence could almost literally disappear overnight.

Nearly all large trucks are equipped with an Event Data Recorder. This device is an on-board computer that’s connected to the vehicle’s engine and other key components. The EDR records items like:

  • Vehicle speed,
  • Steering angle,
  • Brake application, and
  • Engine RPM.

Passenger cars have similar gadgets. But the EDRs in large trucks are usually much more sophisticated and complex than the ones in other vehicles. An attorney needs vast resources to access this data.

That access is often a problem if the truck was totaled in the Tampa crash. In these situations, most insurance companies quickly dispose of the wreckage. If that happens, the EDR and its valuable potential evidence is gone forever. To prevent such an outcome, an attorney sends a spoliation letter to the insurance company. This letter creates a legal duty for the insurance company to preserve all potential physical evidence in the case, including the EDR.

The same issue applies with regard to the Electronic Logging Device. The trucking industry bitterly contested the ELD mandate. These industry insiders know how electronic evidence of fatigue can affect a Florida negligence case. The ELD is connected to the ignition. So, there is almost indisputable proof of when the driver was at work and when the driver was at rest.

Liability Issues in Tampa Large Vehicle Crashes

Evidence like the EDR and ELD helps establish fault. But fault for the accident is not the same thing as liability for damages. Typically, the employer is legally responsible for damages, because of the respondeat superior rule. This doctrine applies if the tortfeasor (negligent driver) was:

  • An Employee: Anyone who the employer controls, even if that person is someone like an independent contractor, is an employee for negligence purposes.

  • Acting Within the Course of Employment: Florida courts define this phrase very broadly as well. If the employee’s acts benefit the employer in any way, they are within the scope of employment. That could mean something like driving an empty bus back to the garage.

Third party liability theories like respondeat superior give the victim/plaintiff an additional source of recovery. That’s especially important with regard to large vehicle collisions. Because of the catastrophic injuries mentioned above, the driver may not have enough insurance coverage to provide fair compensation.

Contact Assertive Lawyers

Large truck crashes often cause catastrophic injuries. For a free consultation with an experienced personal injury attorney in Tampa, contact The Matassini Law Firm, P.A. We do not charge upfront legal fees in negligence cases.

Resource:

fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2016

Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorneys advice to settle your case reflects the quality of the offer or your attorneys need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay personal injury lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa personal injury lawyers, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
888-377-0011
Toll Free
2811 W. Kennedy Blvd., Tampa, Florida 33609
GET DRIVING DIRECTIONS
+