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Truck Accidents

Sarasota Truck Accident Lawyer

Large trucks, when fully loaded, weigh over 80,000 pounds. No vehicle safety system, no matter how advanced, can possibly absorb that much force. Therefore, large truck crashes usually cause catastrophic (life-threatening) injuries, such as serious burns. Gasoline and diesel fuel burn at different temperatures. As a result, severe truck crash-related burns usually require extensive, and expensive, treatment at regional burn centers. Other serious truck crash-related injuries include head injuries and internal injuries.

The assertive Sarasota truck accident lawyers at Carman & Bevington hold commercial drivers responsible for the wrecks they cause. We all make mistakes, and we must all accept responsibility for our mistakes. If this mistake is negligently causing injury, this responsibility includes paying compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

This compensation is available if a Sarasota truck accident lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Florida law holds truck drivers and other commercial operators to a higher standard. These drivers have a duty of utmost care. They must go out of their way to avoid accidents. Other laws, such as the speed limit law, reflect this difference. Usually, the large truck speed limit is lower than the passenger vehicle speed limit.

The bigger they are, the harder they fall. Because of the higher duty of care, almost any driving error is negligence, or a lack of care. These driving errors include aggressive driving, like speeding, and driver impairment, like fatigue.

Sometimes, driver errors compound one another. For example, many drowsy truck drivers take amphetamines. These drugs help people feel awake. However, they do not address poor judgment and other underlying effects of fatigue. If anything, amphetamines further impair judgment. Furthermore, once these drugs wear off, the user typically crashes fast and hard.

Several insurance company defenses, such as comparative fault could apply. This legal loophole essentially shifts blame for a truck crash from the tortfeasor (negligent driver) to the victim. Florida is a pure comparative fault state. So, even if the victim was 99 percent responsible for a wreck, the tortfeasor is legally responsible for a proportionate share of damages.

Third-Party Liability

Drivers are individually responsible for the wrecks they cause. A third party, normally the truck driver’s employer, could be financially responsible for damages. The respondent superior rule applies if the tortfeasor was an employee who was working within the course and scope of employment at the time of the wreck.

Driving a truck is clearly within the course and scope of employment, even if the driver was bobtailing (driving a truck without a trailer).

Most truck drivers are employees for negligence purposes, although they may be independent contractors, owner-operators, or even unpaid volunteers for most other purposes. If an employer controls a worker to any degree, that worker is an employee.

Usually, the responsible owner is an out-of-state conglomerate with huge financial resources. Only a determined attorney can overcome these odds and obtain maximum compensation.

Reach Out to Sarasota County Truck Accident Attorney Today

Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Sarasota, contact Carman, Bevington & Finegan, P.A. Virtual, home, and hospital visits are available.