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Factors Unique To Commercial Vehicle Accidents

ThingsYouShouldKnow

Being in an auto accident is never a good thing; however, being in an accident with a commercial motor vehicle (CMV) has the potential to be catastrophic. The sheer size and weight of the vehicle involved can lead to serious, even life-changing injuries for those unfortunate enough to collide with a CMV. In Florida, there are certain factors that are unique to CMV accidents – or, if not unique, occurring far less frequently in crashes with private cars.

Police Reports Are Required

One of the most important to keep in mind is that in Florida, any crash involving a commercial motor vehicle is required to have a police report (more specifically, a Florida Traffic Crash Report). In crashes involving private individuals, it is not uncommon for two people to simply agree that the damage was minimal and in general, take a relaxed approach after an accident. Because of the greater potential dangers posed by a CMV driven negligently, Florida requires the accident scene to be evaluated by law enforcement.

It is important to keep in mind that this requirement applies even if the crash itself was minor and no injuries occurred. A failure to comply with this can lead to felony charges, particularly if witnesses see the accident but fail to stop. Even without taking this into account, the lack of a police report would deprive an injured person of valuable evidence they may be able to use to seek damages for what they have been through.

Multiple Defendants Are Common

Another factor that often appears in commercial vehicle accident cases, but is much less common in accidents with private individuals, is the appearance of multiple defendants. In a CMV crash, it is likely that the primary defendant against whom an injured plaintiff will bring suit is the driver of the vehicle, whether a truck, bus, or other conveyance. However, they are almost never the only defendant in this type of case.

It is possible to join multiple defendants to your case if there is sufficient evidence to do so. For example, the most common defendant added in this manner is the driver’s employer, with the owner of the vehicle being second (if the two are not one and the same). These entities arguably have the most influence on the events leading up to the crash. Others may include a loading company or repair shop, either of which may be on the proverbial hook if the accident occurs in a way where their efforts are called into question.

Contact A Tampa Commercial Motor Vehicle Accident Attorney

If you have been involved in an accident with a commercial vehicle, it is important that you understand just how to navigate the legal process in order to get the best chance at recovering damages. A Tampa commercial motor vehicle accident attorney from the Rinaldo Law Group can help to answer your questions during what can be a difficult time. Call our office today at (813) 831-9999 to schedule a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.066.html

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