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Anyone who travels on Florida highways or other roadways throughout the country knows of the dangers associated with day-to-day driving.  Unfortunately, those dangers are particularly heightened when drivers of smaller automobiles are required to share the road with huge commercial vehicles, like tractor-trailers.

Accidents involving big rigs are discussed more and more in the media these days. Ft. Myers personal injury attorney Randall Spivey, who has previously discussed the issues surrounding many big rig accidents (including one involving famous comedian Tracy Morgan and others), knows that many individuals and families are devastated by the after-effects of such accidents -- particularly if a fatality has occurred.

Recent Fatal Palm Beach County Accident Sheds Even More Light on the Issue

In March, four individuals were killed and two were hurt in an accident involving a trailer that had become detached in the middle of the roadway. At the time of the detachment, the conditions were dark and foggy, and by the time the oncoming motor vehicle drivers could see the trailer in the road, it was too late.

According to The Sun Sentinel, the result was multiple crashes, the first of which involved a Ford Focus that crashed into the trailer’s right rear corner. The second collision involved a Ford F-150 that hit the left rear corner of the trailer. Shortly thereafter, the Focus was hit by an oncoming tractor-trailer that sent them both to the side of the highway into a swamp-like area.

The driver of the Focus and three of the four passengers died. The remaining passenger in the vehicle was taken to the hospital in serious condition, along with the tractor-trailer driver who crashed into the Focus.  The incident is under investigation by the Florida Highway Patrol (FHP), which is reviewing how the trailer became detached in the first place.

Liability in Truck Accidents

Determining legal responsibility in truck accidents can be a difficult task. That being the case, accident victims are encouraged to work with knowledgeable attorneys who are aware of the rules and laws governing truckers and truck owners. Depending on the results of the FHP investigation into the above-mentioned accident, charges could be filed -- but against whom do you file in the case of a “run-away” trailer?

It is not uncommon for the individual driving a big rig to be an independent contractor with the company that actually owns the truck. That was the case of the driver who lost his trailer in the above accident. Apparently, he had only been on the road a few moments before the detachment occurred. Possible liability could rest with the owner of the truck, if the investigation reveals the owner failed to properly inspect and/or maintain the tractor-trailer. The driver could also face liability, or perhaps even the individuals who worked at the location from which the trucker left.

All too often, trucking companies and owners hire independent contractors to operate their rigs in an effort to avoid liability in situations such as the above-mentioned accident. Still, owners and/or entities can be held liable under Florida law based on vicarious liability, even if the driver was an independent contractor.

If you have been injured in a trucking accident, or if you have lost a family member due to such an accident, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.