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Explaining Challenges to Obtaining Justice

Challenges to Obtaining Justice in Trucking Accident Cases

Anyone who has spent any time on the roads in Florida understands that large trucks are a nearly constant sight. While truck drivers are generally highly trained, very experienced and relatively skilled drivers, Florida trucking accidents can and do occur. If you or someone you love has been harmed in such an occurrence, you need to seek the help of experienced Florida trucking accident lawyers, as there are many challenges that could arise in the pursuit of justice. Below are a few examples of these challenges that could arise in a Florida personal injury lawsuit brought in response to a trucking accident.

The Identity of the Defendant

The first challenge that often arises in response to a Florida trucking accident is identifying the proper defendant or defendants. Accomplishing this task will often depend on the nature of the truck driver involved in the accident in terms of his or her relationship with the trucking company. If the truck driver was an employee of a trucking company, then both the driver and the trucking company would likely be named as defendants. However, if the truck driver was operating as a sole proprietor or as an independent contractor, the situation becomes much less clear.

The Application of Trucking Regulations

Few industries are more heavily regulated than the trucking industry. The federal government requires trucking companies and drivers to adhere to a long list of these rules and regulations, and failure to meet these standards could be a relevant factor in a Florida personal injury lawsuit that follows a trucking accident.

For instance, there are regulations that deal with the type of load that’s being carried, how much the load weighs, the manner in which the load was placed inside the trailer, the amount of time the truck driver has been behind the wheel in recent days and hours and many other regulations that must be understood. If any of these regulations were violated and they were a contributing factor either to the cause of the Florida trucking accident or to the injuries that were ultimately caused, they need to be included in the case that’s being built for the person or people who were injured.

Overall, bringing a Florida personal injury lawsuit in the aftermath of a trucking accident involves several technicalities and potential challenges. However, if you or someone you love has been harmed in this type of situation and you seek the help of experienced Florida trucking accident lawyers

, you can rest assured that you’re giving yourself the best chance possible to obtain justice. Contact Bernstein & Maryanoff today to schedule a free initial consultation.