Florida Truck Accidents: By the Numbers
It is true that some accidents are minor, such as simple fender benders or rear-end collisions. But, when you take into account the fact that an average vehicle is approximately 15 feet long and the minimum large truck trailer is 48 feet in length, it is not difficult to understand how truck accidents can be fatal. According to statistics gathered by the United States Census Bureau, commercial vehicle accident cases in Florida in 2018 totaled 44,606. This is up from 43,920 the previous year.
Notably, there are special laws and regulations in place that govern those who own and operate commercial vehicles. This includes regulations for city or county-related vehicles like the dump truck in the Orange County accident. If you or someone you know is hurt in a truck accident due to the fault of another, you may be able to sue for damages. This can include monetary compensation for medical expenses, lost income, property damage, as well as pain and suffering.
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Establishing Liability in Dump Truck Accidents
When it comes to an accident involving a dump truck, there could be several defendants that could be named in a lawsuit. This can include –
The dump truck driver: If he or she is not exercising reasonable caution while driving on the road (like running a stop sign), an accident can occur. Sometimes the driver can be held personally liable, however, if he or she is an employee using the company vehicle in the regular course of the job then the employer will likely be held liable. This includes accidents involving governmental entities such as the city, county, or state.
The county, city or state: If the employer failed to properly service or maintain the dump truck, there may be a valid claim for damages. Additionally, if the driver was hired and he or she did not have a commercial driver’s license (CDL) or did not undergo a background check, there may be a negligent hiring issue.
Keep in mind that governmental entities have sovereign immunity. Sovereign immunity precludes an injured party from suing a government entity and its agencies for civil remedies (such as money damages) for injuries that were the result of the performance of official government duties. Florida law waives sovereign immunity for personal injury cases that are caused by the actions of the government or its agent/employee performed within the course and scope of engaging in an official government act. That being said, Florida caps or limits the amount of damages available to a maximum amount of $200,000.
According to statistics gathered by the United States Census Bureau, commercial vehicle accident cases in Florida in 2018 totaled 44,606.
Orlando Truck Accident Attorneys
Our Orlando truck accident attorneys at Bogin, Munns & Munns are familiar with handling lawsuits against government entities. With 40 years of experience protecting the rights of the injured across the state of Florida, we will fight for the compensation you deserve. Call our law firm today to schedule your free personal injury consultation.
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NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.
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