Who Else May Be Liable In A Commercial Motor Vehicle Accident?
If you are involved in a road accident with a commercial motor vehicle (CMV) in Florida, it is reasonable to assume that the CMV driver may bear a share of any liability. However, what many injured plaintiffs are unaware of is that it is often possible to file suit against multiple defendants in this type of case. In general, a personal injury lawsuit seeks to make a plaintiff ‘whole’ – to award enough money to cover the expenses incurred as a result of the defendant’s negligence. If there are multiple people or entities whose actions played a role in your accident, it is appropriate to involve them in the lawsuit.
The Driver’s Employer
Normally, when one is involved in a Florida car crash and their injuries are severe enough, they seek compensation from the other driver if they believe that driver was negligent. In a CMV-related crash, the driver is a possible defendant, but it is unlikely that a plaintiff will be appropriately compensated solely by seeking damages from the driver. There are two reasons for this: one, the driver’s conduct may not be the sole cause of the accident; and two, drivers are very often effectively judgment proof. If someone is judgment proof, it means they do not have enough assets to cover a money judgment against them, though this is more a colloquial term than a legal term.
A much surer path to receiving monetary compensation for your injuries, if warranted, is to sue the CMV driver’s employer for damages. While this is not always possible, an employer will be on the hook, so to speak, if certain criteria are present – usually, if the accident occurred while the employee was on the clock (acting within the “scope of [their] employment”), or in a negligent hiring situation. Be advised, however, that in Florida, a rebuttable presumption exists that an employer has not hired negligently if they do their due diligence in checking an applicant’s background.
Third Parties May Be Liable
In addition to the CMV driver and their employer, other third parties may bear a share of any liability, depending on the specific facts of your situation. For example, it is not uncommon for cargo companies to be found partially liable in cases where items were loaded improperly, which can tip a commercial vehicle over or cause it to jackknife. This can be difficult to establish in court, but it is not impossible to do with the right evidence.
Another possible defendant would be the manufacturer of a part of the vehicle, or the vehicle itself, if a design or manufacturing defect in the vehicle becomes known. Alternatively, a mechanic – whether an employee of the transport company or a third party – may be liable if they poorly maintained the CMV. While every case is different, it is important to thoroughly examine the possibilities, so as to ensure that an injured plaintiff has the best chance possible to recover their losses.
Call A Tampa Commercial Motor Vehicle Accident Attorney
Accidents involving commercial motor vehicles have the potential to cause serious, long-term injury, and filing a personal injury lawsuit is often the best way to recover damages for the harm you have suffered. A Tampa commercial motor vehicle accident attorney from the Rinaldo Law Group can help ensure your rights are protected. Contact our office today at (813) 831-9999 to schedule a free consultation.
Source:
casetext.com/case/trabulsy-v-publix-super-mkt
