Liability in a Truck Accident
Truck Accident Lawyers Serving Jacksonville and clients throughout Florida
If you have been injured in a truck accident with a commercial vehicle, then you may have specific laws that determine how you can recover damages. The laws for semi-trucks and commercial vehicles will vary depending on where the accident occurred.
If you or a loved one was injured in an accident with a truck, then you should meet with a member of our team of truck accident lawyers right away. An attorney can advise you on your rights, but also help you navigate through the complex process of determining liability in a truck accident case.
The Laws and Regulations
Commercial vehicles abide by both intrastate and interstate laws and regulations, which can vary. These laws also vary depending on the type of commercial vehicle involved in the accident. All in all, seeking legal counsel can benefit you significantly.
Interstate Trucking Laws
If a commercial vehicle or truck is traveling in-between states, they fall under interstate laws and regulations. For truck insurance liability, interstate laws apply.
That means that the laws overseen by the Department of Transportation (DOT) and those covered by the Federal Motor Carrier Safety Administration will determine how your lawsuit proceeds.
Interstate trucking laws oversee a variety of commercial vehicles, which can include:
- FedEx and UPS Delivery Trucks
- Highway trucks
- Logging trucks
- Semi-trailers for department stores
- Charter busses
- Gasoline trucks
- Any semi-truck traveling in-between state lines
Most of these commercial vehicles can be labeled as interstate because they do travel between states. These truckers are required to follow important guidelines, which are meant to prevent accidents.
Also, the FMCSA is the governing body of law that will determine how truck insurance liability plays out, which is far more difficult than drivers may realize.
Intrastate Trucking Laws
Intrastate laws refer to vehicles that are traveling within the state of Florida only. These vehicles can still transport cargo, materials or even passengers, but they do not leave the state. The vehicle is registered only within the state and therefore, Florida laws will apply.
These can include vehicles like:
- Fire trucks
- Garbage trucks
- Dump trucks
- Armored vehicles
- Gas trucks
- Cement and construction trucks
The Department of Transportation does not regulate intrastate trucks, but Florida has adopted similar laws to the DOT for how truck insurance liability handles these cases.
Regulations are Designed to Prevent Accidents
The local and FMCSA regulations are meant to help prevent collisions, injuries, and death with commercial vehicle accidents. These rules are designed to prevent fatalities by:
- Limiting loads and cargo
- Requiring drivers to take necessary breaks
- Ensure vehicles are properly maintained and inspected
- Ensuring drivers are adequately trained to operate the vehicle
- Ensuring drivers are carrying the required licenses
Determining Liability in a Truck Accident Case
First, your attorney will need to assess whether or not the truck falls under interstate or intrastate laws. Then, the attorney will review the law to see how the insurance liability will apply. Depending on the circumstances of your case, there may be multiple parties and factors that determine how your case will proceed.
Your attorney can investigate if the driver was at fault or there was defective equipment and ultimately help decide who was negligent in the accident.
Get Assistance From Our Team of Jacksonville Truck Accident Lawyers Today!
If you or a loved one was injured in a truck accident, contact our team of truck accident lawyers at Hardesty, Tyde & Ashton, P. A. today. We can assist you with your case and help determine which liability insurance laws apply to your case.
Regardless if it is interstate or intrastate, we have helped victims with their truck accident claims get the compensation they deserve for their injuries.
Call us today at 904-414-4906 to schedule your free, no-obligation consultation to get started.
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What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)