Injuries from side-impact truck accidents in Clermont have the potential to be greater than other collisions because of the vehicle’s size, weight, and length. A commercial truck driver’s fault in a side-impact collision could entitle you to compensation for damages from the driver or their employer. Our truck crash attorneys are available to discuss a potential claim and could take the lead in managing your case.
Factors That Could Lead to a Side-Impact Truck Accident
Side-impact accidents could involve a wide range of driving scenarios, including T-bone collisions and other forms of side-swiping. These accidents are common at intersections, multi-lane highways, and roads with traffic flowing in opposite directions. Some factors that could contribute to the negligent cause of a side-impact truck wreck in Clermont might include the following:
- Using a cell phone and other forms of distracted driving
- Running red lights or stop signs
- Speeding
- Drunk or intoxicated driving
- Failing to check for oncoming traffic
- Pulling out into oncoming traffic at unsafe distances
- Swerving
- Not checking blind spots
Who Could Have Fault for a Side-Impact Crash?
Fault for a T-bone truck collision in Clermont could belong to several parties, including the injured person seeking compensation for damages. Establishing fault under state negligence law requires showing a person’s conduct breached their duty of care to another person and was the cause of injury.
When the commercial truck driver is at fault for the accident, they could be individually liable for the resulting losses. The employer of the truck driver could also share in this responsibility under Florida’s vicarious liability and negligent hiring laws. Vicarious liability could exist when the employee is acting for the benefit of their employer at the time of the accident, such as while driving to pick up or deliver goods for the employer. A claim of negligent hiring could apply if the employer did not take proper care in evaluating the truck driver’s fitness for the job. An example of negligent hiring could include not performing background checks or reviewing the truck driver’s accident history or driving record.
Managing the Contributory Fault Rule
Negligent truck drivers, their employers, or their counsel may highlight potential instances of comparative fault in an effort to limit their liability for an injured person’s damages. Florida has a strict comparative fault rule, which prevents recovery of compensation against other negligent parties when the injured person is more than 50 percent at fault for the truck crash. An experienced side-impact truck accident lawyer could help evaluate the potential effect of comparative fault in a case and use that information to inform the acceptance or rejection of a settlement offer.
Get Help From Our Clermont Attorneys After Side-Impact Truck Accidents
Seeking compensation after side-impact truck accidents in Clermont could benefit from the experience of our attorneys. Our team could manage each step of the process in your potential recovery, including the investigation of important facts and the identification of liable parties to name in a lawsuit. It is important to meet with an attorney as soon as possible after an accident because of Florida’s statute of limitations, which imposes a strict two-year filing deadline on personal injury claims against negligent truck drivers or their employers. Reach out now to begin your lawsuit.