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Is the Truck Driver Always Responsible for a Florida Truck Accident?

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Home > Blog > General > Is the Truck Driver Always Responsible for a Florida Truck Accident?
Michael Hersh and Ian Kirtman, Trial Attorneys

LEGALLY REVIEWED BY

Michael Hersh and Ian Kirtman, Trial Attorneys

October 24, 2024

Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.

✓ Fact Checked

✓ Editor

Truck driving on Bahia Honda bridge

Trucks are some of the largest motor vehicles that share the roads with other motorists. Because of the sheer size and mass of trucks, when an accident occurs, the results can be devastating. If you were involved in a Florida truck accident, it is important to identify the liable party to be able to pursue a personal injury claim. While many people may assume that the truck driver is always responsible for a crash, the truth is that liability may be assigned to various parties based on the details of your unique case.

At Hersh Kirtman Injury Law, the personal injury lawyers at our firm are dedicated to providing legal counsel to truck accident victims seeking justice for their losses. With the help of our trusted legal team, we can launch a full investigation into your case to identify who is responsible for your Florida truck accident and hold them liable for their negligence.

Determining Liability in a Florida Truck Accident Case

Just as with all personal injury cases, the circumstances of each truck accident are often unique. Because of this fact, it is impossible to automatically assign blame to one particular party, like a truck driver, for every truck accident case. Depending on the specific details of your truck accident case, various parties may be held liable for your injuries and losses. These parties may include any of the following:

  • The truck driver
  • The truck manufacturer
  • The trucking company 
  • Another driver that caused the truck to swerve

Your lawyer will help you identify the liable party or parties in your case. Once the liable parties have been identified, the next important step is to prove their liability as it relates to your truck accident and injuries. To prove liability in a truck accident case, you will need to provide evidence of the four factors of negligence. The four factors of negligence are as follows:

  • The at-fault party owed you a duty of care
  • The at-fault party breached that duty of care 
  • This breach in the duty of care directly led to the truck accident that caused your injuries
  • You suffered losses as a result

A truck accident lawyer can collect the key evidence needed to prove liability in your case by launching a full investigation into what occurred. To ensure you have a strong truck accident claim, contact an experienced lawyer today.

Can You Collect Damages After a Truck Accident?

When a truck accident occurs, victims are often left with serious injuries and a long road to recovery. If you were injured in a truck accident caused by a negligent party, you should seek to have any out-of-pocket expenses for injuries recovered from the party who caused you harm. To do so, you must file a personal injury claim.

By filing a personal injury claim, you may be eligible to retain fair compensation for your injuries and losses. The damages you may be eligible to collect after filing your claim include the following:

  • Medical expenses
  • Lost wages
  • Lost earning potential
  • Property damage
  • Pain and suffering
  • Wrongful death

To get help pursuing fair compensation for your truck accident case, contact a trusted lawyer as soon as possible.

Pursue a Truck Accident Claim With Hersh Kirtman Injury Law

Being injured in a Florida truck accident can be traumatizing. To ensure that the driver who hit you and anyone else who may be at fault is held responsible, turn to our experienced personal injury lawyers to investigate the claim, gather the necessary evidence, and pursue your truck accident claim.

At Hersh Kirtman Injury Law, we provide clients with the dedicated representation they need to help ensure their truck accident case is successful. To schedule a free case evaluation with one of our experienced lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.

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