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If you’ve been injured in an accident with a commercial trucker defendant, then your claim is likely to involve at least a few issues that are specific to such defendants.

Generally speaking, litigating against a commercial trucker can be quite a bit more complicated than litigating against a singular, noncommercial defendant, but in return, commercial trucking accident lawsuits have the potential to lead to significant damage recovery (and alternative paths to recovery). 

As such, cases against commercial trucking defendants are often worthwhile to litigate – assuming that you are working with a skilled personal injury attorney like Randall Spivey who has experience navigating the unique combination of complication and opportunity typical of commercial trucking accident cases.

Below is a non-exhaustive list of issues commonly encountered in litigation against commercial trucking defendants.

Employer Liability

In Florida, employers can potentially be held liable under two theories: 1) vicarious liability, and 2) negligent hiring/supervision.  The two result in separate and unique claims.

Under vicarious liability, the employer can be held liable for the negligent acts of their employee – in this case, the trucking company can be held liable for the negligent driving of its employee-trucker.

Under negligent hiring/supervision, the employer can be held liable for failing to exercise reasonable care in hiring the employee (for example, hiring a truck driver employee who is known to be an alcoholic) or in supervising such employee.  Negligent hiring/supervision claims constitute a separate and independent claim from the claim against the driver.

Suing the employer could lead to significant damage recovery where otherwise it might not have been possible.  Though it introduces additional complications and difficulties, it can improve your ability to ultimately recover damages for your injuries.

Stimulant Use is Common

Driver fatigue is a common problem among commercial truckers, who are often overworked and given routes that are quite difficult to complete with a reasonable timeframe.  As such, many drivers resort to stimulant use (both legal and illegal) to help them handle their work schedule.  Excessive stimulant use can lead to negligent driving and accidents, however.  If the facts reveal that the commercial trucker defendant was under the influence of stimulants at the time of the accident, your chance of success at trial will improve significantly.

Poor Vehicle Maintenance

Commercial trucks are heavily regulated with regard to inspection schedules and maintenance.  Failure to properly inspect and maintain the vehicle may constitute a heavy equipment violation that implicates either or both the driver and the trucking company.  If the accident occurred due to equipment failure, then it may provide the basis for your injury claim.

Improper Loading

Sometimes a separate loading/shipping company can be held liable for failing to properly load the cargo.  Improperly-loaded cargo can shift while on the road, creating an imbalanced weight distribution and contributing to the accident at-issue.  Cargo loading is therefore a critical issue to consider when litigating a commercial trucking accident case.

Commercial trucking accident cases require skillful and aggressive representation to successfully litigate.  If you have been injured in an accident involving a commercial trucker, contact Randall Spivey to speak with an experienced Naples personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A. today.