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:
- Maintain Equipment: Regularly inspect and repair vehicles, vessels, or aircraft to ensure they are safe for operation.
- Train Employees: Provide comprehensive training for drivers, pilots, and crew members to handle equipment safely and respond to emergencies.
- Follow Regulations: Comply with all applicable state and federal safety regulations, including hours of service, speed limits, and operational procedures.
- Monitor Conditions: Stay aware of weather conditions, road hazards, and other factors that could impact safety, taking appropriate action to mitigate risks.
- Ensure Passenger Safety: Implement measures like seat belts, safety briefings, and adequate security to protect passengers during transit.
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:
- Medical Expenses: Costs for hospital stays, surgeries, medications, and rehabilitation.
- Lost Wages: Income lost due to the inability to work during recovery.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Other Damages: Costs related to long-term disability, loss of earning capacity, or diminished quality of life.
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:
- Establishing the Accident and Damages: You need to show that the accident occurred and resulted in injuries or losses.
- Burden Shifts to the Carrier: The common carrier must then prove they exercised the highest degree of care to prevent the accident. This could involve presenting evidence of regular vehicle maintenance, proper driver training, and compliance with federal and state safety regulations.
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:
- Improper Loading: Failing to load or secure cargo correctly can lead to accidents.
- Vehicle Maintenance: Neglecting regular maintenance can result in mechanical failures.
- Hiring Practices: Employing unqualified or inadequately trained drivers increases risk.
- Regulatory Violations: Ignoring federal hours-of-service regulations can cause driver fatigue, a leading factor in accidents.
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:
- Driver Records: Evaluating qualifications and any history of violations.
- Maintenance Logs: Reviewing the vehicle’s maintenance history.
- Compliance with Regulations: Checking adherence to FMCSR and state laws.
- Witness Testimonies: Gathering accounts from eyewitnesses and experts.
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.