How Common Carrier Liability Can Affect Your Florida Truck Accident Claim

Driving near large trucks can be intimidating and also dangerous. If your average passenger sedan is hit by a large 18-wheeler, then you are likely going to suffer serious injuries, not to mention death is common with large truck accidents. With several truck routes coursing through the state of Florida, like busy I-95, for example, it can be extremely difficult to avoid driving alongside trucks. Trucks are critical to commerce in the United States, so no driver should expect the number of semis to be decreasing anytime soon. In fact, the reality is quite the opposite.

If you or a loved one was in a large truck accident, there may be the potential to recover a large financial settlement to account for the extensive damages that were suffered. A Tampa personal injury attorney at Fulgenio Law can review the details of your case and discuss what options you have to obtain compensation, including how common carrier liability will affect your claim.

Understanding Common Carrier Liability in Truck Accidents

Every year, there are thousands of fatalities from large truck and bus accidents, with tens of thousands of people injured, according to the Federal Motor Carrier Safety Administration. When a truck accident happens, it is usually serious, and the aftermath is often catastrophic. The need to obtain fair compensation from a truck accident injury claim is critical for victims.

Unlike other types of vehicular collisions, though, truck accidents are governed by common carrier liability, which can affect an injured party’s rights to compensation. Since common carrier liability sets a very high standard for common carrier vehicles operating on the road, when a crash happens, the law presumes the common carrier is responsible for causing the accident and, therefore, liable to pay. 

Any enterprise that is in the business of transporting people or goods offering its services to the public is considered a common carrier. This means that buses, trucks, and airplanes are all common carriers. Since the job of these companies revolves around transport and the carriers they use are typically very large in size, then they must exercise the highest duty of care to other vehicles on the road to avoid accidents happening.

So, while your common crash would require you to prove that the other party who you allege hit you did so out of negligence, this is not the case in truck accidents. When a truck, which is a common carrier, is involved in an accident, the truck will be automatically believed to be liable and then have the duty to prove they were not negligent. All aspects of a trucking operation can be on the hook for paying victims, the truck driver, the trucking company, the cargo loading company, and potentially more.

Call Fulgencio Law Today

Trucking accidents are complicated, and despite common carrier liability diverting blame to the truck, victims can expect trucking companies to push back hard on having to pay victims for their damages. To improve your chances of getting the full amount of compensation for your truck accident damages, please call Fulgencio Law today at (813) 463-0123 to schedule a free consultation with a Tampa personal injury lawyer.