Is Part Of My Accident … My Fault?

When a person is involved in an accident with a tractor-trailer, it is perhaps an understandable assumption to believe that the other driver was negligent, and in many cases, this assumption is based in reality. Tractor-trailer drivers are often pushed to their limits, leading to their driving while fatigued or under the influence of substances in order to make a delivery faster than they would otherwise. However, too many drivers fail to consider that they might have potentially played a role in causing their own injuries. If this is your situation, it does not mean that you are automatically barred from financial recovery, but it does require investigation.

All Drivers Can Be Negligent

The most recent available data from the Federal Motor Carrier Safety Administration (FMCSA) estimates that around 5,000 large trucks and buses were involved in fatal crashes, with roughly 0.177 deaths per 100 million vehicle miles traveled (by all vehicles). This is significantly below the 25-year peak in 2000, which was 0.205 deaths. Injury crashes tallied around 108,000 for the year. None of these figures may seem very high given the number of large trucks on the road, but the likelihood of injury or death in an accident involving a tractor-trailer is still disproportionately higher than it is for crashes involving personal vehicles only.

Knowing these statistics, it is an easy assumption to make that tractor-trailer drivers must be disproportionately negligent, and thus responsible for the injuries sustained by drivers of smaller vehicles – but this is not necessarily borne out by the facts. Tractor-trailer drivers do not have the monopoly on behaviors like texting and driving, speeding, or driving while under the influence of drugs or alcohol, and it is just as possible for the driver of a car or SUV to be negligent as it is for the driver of a large truck, and negligence usually incurs liability.

Comparative Fault Matters

If you have been involved in an accident with a tractor-trailer or other large truck, you may choose to file suit against them (or their employer, depending on the facts of your situation) if you believe that their negligence caused your injuries. However, it is incumbent upon you to truly ask yourself if your actions contributed to the crash as well. Florida recognizes a legal concept known as comparative fault or comparative negligence, which states that a person’s percentage of fault will lower the percentage of money damages they can recover, and a jury can and will apply this in your case.

Florida law formerly stated that an injured plaintiff could always recover a percentage of their damages even if they were ruled to be the primary negligent party – for example, even if a plaintiff was ruled 80 percent at fault, they could still recover 20 percent of their expenses. This was changed in 2023, and now, an injured plaintiff can only recover if they are ruled to be 50 percent or less at fault. If you are ruled to have been 51 percent at fault for your own injury, you cannot recover monetary damages in any amount.

Call A Tampa Tractor-Trailer Accident Attorney

Being involved in a tractor-trailer accident can be frightening, particularly if your injuries are severe enough to be life-changing. If you fear that your own actions might prevent financial recovery, a Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help to ease your concerns. Call our office today at (813) 831-9999 to schedule a free consultation.

Source:

fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2020