Who Do I Sue After A Commercial Vehicle Accident?
Accidents involving commercial motor vehicles in Florida can be devastating, causing serious injuries or even death, all because of someone’s negligence. That said, it can sometimes be difficult to determine just who should be held liable for the victim’s injuries in an accident with a commercial vehicle. In general, there are more scenarios where an accident could occur, and thus, more possible defendants, than there are in crashes with two private cars.
Multiple Defendants Possible
Most auto accident cases will be filed under a theory of negligence, and Florida law states that four characteristics must be present in order to establish a defendant’s negligence. They are: (1) the existence of a duty to exercise care toward the injured plaintiff; (2) a breach of that duty, if it exists; (3) actual harm done to the plaintiff; and (4) a showing that the harm would not have occurred if not for the breach of the duty of care.
With a standard vehicle accident case, there is usually only one defendant – the other driver. However, because a commercial vehicle is affected by the actions of so many, it is possible or even likely that more than one defendant might bear a share of liability. It is important to investigate all the possibilities before filing suit, so that you have the best possible chance at recovering money damages for the harm you have experienced.
Whose Actions Mattered Most?
As one might imagine, the driver of a commercial vehicle will be the first possible defendant on the proverbial hook after a crash. It is reasonable to assume in most cases that if they had not acted in a certain way, the ensuing accident might not have occurred – for example, if the driver had not been speeding, or if they had not been driving beyond their mandated hours of service, it is plausible to argue that an accident might not have happened.
One other potential defendant is very often brought into this type of accident case, and that is the driver’s employer, because Florida recognizes a theory known as respondeat superior, or vicarious liability. Vicarious liability holds that if an employee commits a tort (essentially, a civil crime) while acting within the course of their employment, their employer is liable for the consequences of that tort. While the wording of the statute is somewhat ambiguous, it may be worth it in your case to include the driver’s employer in your lawsuit.
Contact A Tampa Commercial Vehicle Accident Attorney
A commercial vehicle accident can profoundly change the course of a person’s life. If you have been injured in this type of crash, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help answer your questions and plot a course for the future. We are here to help – contact our office today to schedule a free consultation.
