Trucking Accidents Category Archives — Page 2 of 2 — South Florida Injury Attorneys Blog Published by South Florida Injury Lawyers

April 29, 2022

What Is An Overloaded Truck

If you have ever been on the highway next to a work truck or 18-wheeler, you might have experienced anxiety and tried to speed past them. Drivers never know what truck drivers are carrying in their trailer or how heavy it is. If you ever were to be involved in an accident with a vehicle, there’s no telling what the damages can be.

Fatalities and physical impacts can occur during any car accident, but the stakes are always heightened with trucks. Have you recently been involved with an 18-wheeler that you suspect was carrying more weight than it should have? You could be entitled to seek extra compensation.

Here’s what you need to know about your claim.

April 18, 2022

Are There Special Rules That Apply to Commercial Trucks in Florida?

by Frankl Kominsky Injury Lawyers

Commercial trucks are very different from ordinary vehicles. Not only are they much larger and more dangerous, but they require more vigilance and knowledge of their operation than the standard vehicle.

Because of this and what they are designed to do, there are certain rules trucking companies and truck drivers must follow to protect themselves and those they share the road with. However, that doesn’t mean accidents can’t happen.

If you have been involved in a car accident involving a truck driver, here’s what you should know about trucking regulations and how to file a claim.

July 16, 2021

How to Prove a Truck Driver Fell Asleep at the Wheel

by Frankl Kominsky Injury Lawyers

Falling asleep at the wheel can have devastating effects on injured victims and their families. The damages from serious trucking accidents caused by driver fatigue are comparable to that of a drunk driving crash.

Injury victims are often left with costly medical expenses, pain and suffering, lost wages from missing work, loss of consortium, and property damage. To pursue compensation for your damages you will need to prove the other driver was drowsy and caused the crash which led to your damages. Hiring an experienced attorney may be essential to build a strong case in your favor.

The distinguished attorneys at Frankl Kominsky Injury Lawyers have handled more than 6,000 cases and recovered more than $100,000,000 combined in successful verdicts and settlements on behalf of our past clientele. We handle injury cases of all kinds, including claims that involve trucking accidents. We offer free consultations to injury victims and there is no obligation to hire our firm for legal representation if you decide not to move forward.

July 9, 2021

Tips to Avoid Truck Accidents

by Frankl Kominsky Injury Lawyers

The need for trucks in the United States is not going away anytime soon. With more people shopping online than ever, the demand for truck shipments continues to increase rapidly. However, more trucks on the road means an increased likelihood for more dangerous trucking accidents.

Unfortunately, the repercussions from a serious truck crash could result in catastrophic injuries that can sometimes be fatal. Accident victims and their families are often left with insurmountable medical expenses, lost wages from missing work, pain and suffering, and property damage. Discussing your claim with a reputable lawyer may be what you need to know about all your legal options to explore.

If you or someone you care about was hurt in a trucking accident, financial compensation may be available to help cover the costs associated with the crash. However, hiring a lawyer who knows how to handle these types of cases can be crucial to pursue the full amount of compensation you may deserve.

March 25, 2020

Florida Court Allows Personal Injury Damages in Spilled Battery Acid Case

by Frankl Kominsky Injury Lawyers

Recently, an appellate court issued an opinion addressing whether Florida’s 1970 Pollutant Discharge Prevention and Control Act allows a plaintiff’s cause of action for personal injuries. The plaintiff worked for a Florida tow truck company and suffered injuries when he arrived at the scene of an accident between a truck transporting batteries and another vehicle. The plaintiff alleged that he suffered serious injuries after coming into contact with battery acid leaking from the truck. He filed a lawsuit against the trucking company claiming that they were strictly liable for his injuries under the 1970 and 1983 pollution acts. The jury found in favor of the plaintiff and awarded him over $5million in damages; however, the district court reversed reasoning that the 1970 statute precluded his claim to personal injury damages.

Pollutants often pose significant threats of danger to Florida residents and the environment. In response to growing concerns regarding exposure to these pollutants, the legislature enacted Florida’s 1970 Pollutant Discharge Prevention and Control Act (1970 Act) and the 1983 Water Quality Assurance Act (1983 Act), which regulates the discharge and removal of certain pollutants. Legislature designed the acts to ensure that these entities are diligent in their handling of these potentially dangerous materials.

The 1970 act provides that the discharge of pollutants upon lands adjoining the coast, tidal flats, and coastal water is prohibited. The 1983 law expanded upon the 1970 act and provided injury victims with a cause of action for harms resulting from pollution of ground and surface waters. The 1970 act defines damages as the destruction to or loss of any real or personal property, except human beings. Unlike the 1970 law, the 1983 act does not provide any definition of damages within its statute. However, the 1983 act provides that injury victims may be able to recover “all damages” resulting from the discharge or other conditions of pollution. The amended 1970 act states that it applies to actions taken by both private and governmental entities when injuries result from the storage, transportation, and disposal of these products.

July 5, 2017

Liability under Florida’s Dangerous Instrumentality Doctrine

by Frankl Kominsky Injury Lawyers

With the tens of thousands of motor vehicle accidents that occur in Florida each year, it is not surprising that a significant number of these accidents involve a vehicle that was loaned to the person who caused the accident. These accidents present interesting legal issues, involving when the owner of the vehicle can be held responsible for the negligent actions of the person to whom they loaned the vehicle. The answer, under Florida law, is almost always.

The dangerous-instrumentality doctrine provides that the owner of a vehicle can be held liable for any injuries caused by an accident that is caused by someone to whom they loan the vehicle. This is irrespective of any negligence on the owner’s part. Thus, as long as an accident victim can show that the owner of a vehicle provided permission to the at-fault party, the owner of the vehicle can be held liable.

However, under section 324.021(9)(b)(3) of the Florida Statutes, Florida law limits an owner’s liability under the dangerous-instrumentality doctrine to $100,000 unless there is a showing that the owner was negligent in loaning the vehicle to the at-fault driver. A recent case illustrates how Florida courts interpret and apply section 324.021(9)(b)(3) to limit an owner’s liability in these situations.

April 15, 2015

Florida Court Constrains Scope of Employer Relationship in Vicarious Liability Suit

by Frankl Kominsky Injury Lawyers

An issue that often arises when an employee harms another during the course of his job is whether the employer can be held vicariously liable for the employee’s act. Indeed, proving vicarious liability is often necessary for assuring that one can acquire full recovery for his injuries, since many employees are “judgment proof, ” meaning financially incapable of paying the opposing party’s judgment. Given the importance of vicarious liability, many plaintiffs attempt to stretch the meaning of employer. For instance, the Fifth District Court of Appeal recently addressed the scope of who could be deemed an “employer” under a local trucking law in its decision in Peninsula Logistics, Inc. v. Erb (PDF-embedded link).

This Erb litigation was born from a collision between a vehicle owned by the plaintiffs and a semi-truck owned by O & L Transport. At the time of the accident, the driver of the truck was transporting cargo for Peninsula in a trailer owned by a different entity. Following the collision, the plaintiffs brought suit against several defendants, including Peninsula. Although the driver was not directly employed by Peninsula, the plaintiffs argued that Peninsula could nonetheless be held liable because Peninsula fell within the definition of an employer under a pertinent trucking regulation. Eventually, the case went to trial, which resulted in a favorable verdict for the plaintiffs. Peninsula brought an appeal, arguing that it could not be considered an employer as a matter of law, and therefore the trial court erred in not granting its motion for a directed verdict.

April 28, 2014

Can I File A Lawsuit in Florida if I was Injured in a Trucking Accident?

by Frankl Kominsky Injury Lawyers

If you have recently been involved in a Florida truck accident, you understand how difficult being involved in an accident can make your life. Even after you recover from the immediate physical injuries caused by the accident, there are often lingering physical effects of the injuries. In addition, there are the mounting medical bills.

For this reason, the State of Florida allows truck accident victims to bring a civil suit for damages to recover from the driver who caused the accident.

Typical Causes of Florida Truck Accidents

Semi-trucks are the biggest vehicles on the road. They are often weighed down with thousands of pounds of cargo and therefore can be extremely dangerous when not operated properly. While semi-truck drivers are required to have special licenses to operate the large trucks, even professional drivers make mistakes and errors in judgment.