If the trucker is exhausted and loses control of the vehicle as he can barely keep his eyes open, you may have a case against his employer as well.
Orlando, FL (July 15, 2022) – A 26-year-old man was killed after a crash involving a semi at the intersection of Oak Ridge Road and Rio Grande Avenue in Orange County, FL. According to the police, the young man was heading east in a Toyota Camry, veered into the westbound lane and crashed into the semi. In this type of accident, the trucker is obviously not at fault so he won’t be facing either criminal charges or a civil lawsuit for damages.
This accident is rather unique as most crashes involving commercial vehicles are caused by an error committed by the trucker, a mechanical failure, or a problem with the load.
When can you sue a trucker for an accident in Orlando?
Being a commercial driver comes with a lot of responsibilities. When you’re at the wheel of a big rig weighing some 80,000 you must watch out for the safety of other road users, who risk losing their lives in a crash. Unfortunately, many truckers engage in reckless behavior or drive aggressively, as if they owned the road and you have no right to be there. Here are the most common types of situations when the trucker can be held accountable for the injuries they cause.
Speeding
Large trucks need up to 40% more time to stop. Going over the speed limit increases the risks of a fatal collision, especially if there’s a traffic jam and the trucker needs to stop abruptly. At the same time, high speed may lead to a rollover if the truck needs to take a steep curve or if there’s a shift in the cargo area.
Your Orlando truck accident lawyers will first examine the police report, but they may also request access to the electronic monitoring device on the truck. Most modern trucks are equipped with such a system, very similar to the black box on the plane. The monitoring device stores data on the speed of the truck, the brakes, or the hours the trucker had been driving.
Tailgating
There’s nothing scarier than a truck following very close behind your car. It feels like the trucker is telling you to get out of the way as his business is more important than yours. Tailgating is considered aggressive driving and you can hold the trucker liable for damages if that happens.
Losing control of the vehicle
There are many reasons why a trucker may lose control of the vehicle. For instance, if the trucker is intoxicated and cannot focus on the traffic, the vehicle may enter your lane and crash into your car. If that is the case, your truck accident lawyers will want to sue the driver and seek punitive damages on top of the compensatory damages you are entitled to.
On the other hand, if the trucker is exhausted and loses control of the vehicle as he can barely keep his eyes open, you may have a case against his employer as well. Truckers must comply with federal Hours of Service regulations, which limit the number of hours they can drive to 11 hrs on any given day. If his employer knew of this regulation violation, condoned or encouraged it, you can sue them.
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