What is Common Carrier Liability for Truck Accidents in Florida?

An aerial view of a truck accident scene on a highway

Understanding common carrier liability is essential for anyone involved in a truck accident in Florida. Common carriers, such as trucking companies, have a legal obligation to ensure the safety of their passengers and cargo. If you’ve been injured in a truck accident, knowing your rights can make a significant difference in your ability to seek compensation. The experienced Miami, FL personal injury attorneys at Buchalter, Hoffman & Dorchak are here to help you navigate this complex area of law.

Common Carrier in Florida

Under Florida law, a common carrier is an individual or company that transports goods or passengers for hire and offers its services to the general public. This definition encompasses trucking companies, bus lines, and even airlines. According to Florida Statutes § 768.10, common carriers are expected to exercise the “highest degree of care” to ensure the safety of their passengers and cargo. This heightened duty sets them apart from private carriers and regular drivers. The requirement for common carriers to exercise the highest degree of care means they must:

Because common carriers are held to a higher standard of care, if you are injured while using their services, you may have a stronger case for negligence. In legal terms, there’s often a presumption of negligence, meaning the common carrier must prove they were not at fault for the accident. This can make it easier for you to receive compensation for:

Common Carrier Liability and the Presumption of Negligence

In typical auto accident cases, the injured party must prove that the other driver was negligent to receive compensation. However, when it comes to common carriers, the legal landscape shifts. Florida courts often apply a higher standard of care to common carriers, which can result in a presumption of negligence if an accident occurs. This means that the burden of proof may shift to the common carrier to demonstrate that they were not at fault.

Here’s how this can benefit your personal injury claim:

Scope of Liability

Common carrier liability isn’t limited to the actions of the driver. The trucking company and other parties involved can also be held accountable for negligence, including:

By holding all responsible parties accountable, you may increase the compensation you’re entitled to receive.

Proving Negligence in Common Carrier Cases

Establishing negligence involves a thorough investigation to collect critical evidence:

An experienced North Miami personal injury lawyer can effectively compile this evidence to build a strong case on your behalf.

Buchalter Hoffman and Dorchak: Fighting for Your Rights

Understanding common carrier liability is crucial for victims of truck accidents in Florida. Buchalter, Hoffman & Dorchak, esteemed attorneys in North Miami FL, are dedicated to helping you navigate this complex area of law. With their extensive experience and commitment to client success, they are well-equipped to handle your case. Contact us today to take the first step toward securing the compensation you deserve.

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