Determining Fault in a Truck Wreck

Cut through the red tape. Contact our Florida truck accident law firm today.

Determining why truck accidents happen and who is at fault comes down to figuring out who was careless or reckless. While it may seem straight-forward, the process can be difficult, especially if you're trying to handle the accident claim on your own. Often, truck drivers will deny any wrongdoing. Other times, trucking companies will refuse to provide information about the truck driver's driving record or other official documents. The insurance carriers for the trucking companies may try to shift the blame or offer a low-ball number to settle the case quickly.

Insurance providers and trucking companies don't intimidate us. We know how to negotiate with them and get accident victims the money they rightfully deserve. Call us immediately to learn about your rights in a trucking accident in Florida.

Florida truck accident attorney Scott M. Miller and his talented legal team - which includes four paralegals, one registered nurse and several investigators - know what evidence to look for and how to hold truck drivers and trucking companies accountable.

What issues matter when determining who caused a truck accident?

Sometimes, the contributing factor in a trucking accident is clear cut. A driver may have violated the rules of the road and ran a red light on W State Road 434 in Longwood. But in other cases, the negligent act is not so obvious. The truck driver may have merged into a single lane at the same time as the driver of the smaller car. For more information about types of negligence, click on the following links:

In addition, we have included a section on this page about another important topic:


Truck Driver Error

Commercial truck drivers sometimes make mistakes that result in serious accidents. But even though they didn't mean to cause an accident, careless or thoughtless drivers must be held accountable. Common truck driver errors include:

  • Failure to see other vehicles - Some truck drivers cause serious accidents when they turn or change lanes and collide into another vehicle. Often, these truck drivers will claim they didn't see the other driver - that the other driver was in their so-called "blind spot."
  • Ignoring traffic signs - Whether it's failing to stop for a red light, a stop sign or some other infraction, the consequences can be catastrophic when truck drivers ignore the rules of the road. A trucker might blow through a stop sign or red light because he or she is texting or even talking on a cell phone, which can cause a cognitive distraction.
  • Failure to stop - Truck drivers need to leave a safe distance between themselves and other vehicles. If truck drivers fail to do so, they often don't have enough time to stop, resulting in a serious or fatal truck accident.

Whatever the cause of your truck driver error accident, we want to work with you and help you hold the truck driver and trucking company accountable.

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How the Trucking Company May Be Responsible

Trucking companies often play a direct or indirect role in many trucking accidents. The decisions trucking companies make can have serious consequences. That's why it's important to have an attorney on your side who is well-versed in state and federal laws and knows how to investigate trucking companies and find the information you to build a compelling case.

Some of the ways trucking companies may be responsible for your trucking accident include:

  • Hiring unlicensed truck drivers - Commercial truck drivers must have a commercial driver's license (CDL) in order to legally operate most commercial vehicles. If a truck driver does not have a CDL or his CDL has expired or been revoked, trucking companies should not hire these drivers to operate their vehicles.
  • Hiring inexperienced truck drivers - Truck drivers that lack the necessary experience to safely operate a large commercial truck often cause truck accidents. That's why trucking companies should make every effort to hire the most experienced truck drivers.
  • Hiring reckless truck drivers - If a truck driver has a record of drunk driving, speeding or other infractions, trucking companies put everyone sharing the road at risk when they hire such drivers.
  • Forcing truck drivers to work longer hours - Strict federal guidelines exist concerning mandatory breaks for truck drivers. Under the "Hours of Service" rules, truck drivers cannot work for more than 14 hours each day and cannot drive for more than 11 hours per day, among other things. Some trucking companies force drivers to work longer hours, often resulting in tired truck drivers causing accidents. We know how to investigate such complicated cases and uncover the truth.
  • Failing to train truck drivers - The driver may have a CDL, but that alone is not enough to remain a safe truck driver. Most good truck drivers continue to receive regularly training in order to remain top-notch drivers. And in many cases, it's the responsibility of the trucking company to provide such classes for their drivers.
  • Failing to properly maintain trucks - Poorly maintained trucks with old brakes, worn tires or defective parts can be dangerous at any speed. We know how to research such accidents and uncover the truth. See our poorly maintained trucks section for more information.
  • Falsifying truck records - After an accident, some trucking companies change their records to cover up evidence of negligence. If Scott M. Miller is your attorney, he will fight to obtain such records and make sure the information there matches the facts associated with your accident.
  • Improperly loading truck - Trucking companies need to make sure that delivery trucks, tractor-trailers, 18-wheelers and other commercial trucks are loaded properly. Otherwise, the contents of the truck could shift when a truck turns or stops, causing the truck to rollover or jackknife. Visit our improperly loaded or overloaded truck section for more details.

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Other Negligent Drivers

Sometimes, you or the truck driver is not to blame for the truck accident. In other cases, the truck driver might only be partly to blame because a third driver may have acted carelessly or recklessly. For example, a drunk driver might cut off an 18-wheeler, which causes the truck driver to swerve into your lane and crash into your vehicle. Such multi-vehicle accidents can be extremely complicated. There may be multiple layers of liability. You may have to deal with several insurance companies as well as the trucking company and the attorneys working for each company.

Don't try to tackle such a complicated case on your own. Make sure you have an experienced attorney on your side who knows how to investigate such accidents and has the case results to prove it. Call the Law Office of Scott M. Miller. Available 24 hours a day, 7 days a week.

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Why You Need an Attorney Investigating Your Truck Accident

When you have an experienced truck accident attorney on your side who is well-versed in state law and federal trucking regulations, you can take an aggressive approach right from the start. A qualified truck accident lawyer in the Orlando, FL area should be prepared to take the following steps on your behalf:

  • Investigate the trucking companies - We routinely research whether trucking companies follow the law or break the rules and put people at risk. We will look at the relationship between the driver and the company.  If the driver is an employee, the company can be held legally liable for his negligence.
  • Analyze accident reports - The smallest detail can often make the biggest difference when it comes to accident report.  In addition to seeking out witnesses to the accident, we will look at the police reports and other documents related to the crash. We know what information to look for to build a strong case.
  • Examining truck driver's accident record - We can find out if the truck driver who caused your accident has a history of causing accidents, drunk driving, speeding or other serious infractions.
  • Dealing directly with trucking companies - We know how to find them and hold them accountable for their actions.
  • Negotiating with insurance companies - We have a proven track record of consistently obtaining sizable recoveries on behalf of our clients.
  • Filing a truck accident lawsuit if necessary - We know how to successfully file a lawsuit in Seminole County and other jurisdictions throughout Florida.
  • Taking other legal necessary if necessary - We will not rest until justice is served.

Need help with your truck accident claim in Florida? Call (866) MILLER-5 or (407) 869-9996 and schedule an appointment today.

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