Contact Us to Discuss Your Legal Rights with a Pensacola Truck Accident Attorney. 

If you were injured or a member of your family was killed in a tractor trailer accident, you have a lot to overcome. The immediate and long-term financial costs can be substantial, and you are likely to experience other consequences in virtually all aspects of your life. Many victims and family members find the recovery process overwhelming, and they need help to start to move on. We are here to help you through the recovery process. If you have been injured or lost a loved one, we strongly encourage you to speak with a Pensacola truck accident attorney.

We represent clients who have been injured and who have lost family members in tractor trailer accidents throughout the Florida Panhandle and South Georgia. Our personal injury attorneys will sit down with you one-on-one to provide you with personalized legal advice; and, if you decide to pursue a claim for financial compensation, we will rely on our attorneys’ decades of combined experience to seek the maximum available compensation for the losses sustained by you and your family.

Proving Fault in a Pensacola Tractor Trailer Accident

In order to recover financial compensation after a tractor trailer accident, it is necessary to prove who or what caused the collision. While truck driver negligence is the primary factor in most cases, this is by no means the only potential factor that needs to be considered. When a Pensacola truck accident attorney investigates your case, they will be looking for evidence to support all available grounds for seeking financial compensation, including:

• Driving under the influence of alcohol or drugs
• Driving while distracted
• Driving while drowsy or fatigued
• Exceeding the truck’s gross vehicle weight rating (GVWR)
• Failing to perform necessary truck maintenance or repairs
• Failing to properly secure or pressurize truck cargo
• Negligent hiring of inexperienced or high-risk truck drivers
• Road debris and other hazards and obstructions
• Running a red light or stop sign, failing to yield, or other driving mistakes
• Truck, car and road defects

In addition to proving the cause of the accident, we will also need to prove the extent of your (or your family’s) losses. This can be a difficult process, but it is extremely important, and our attorneys work with doctors, accountants and other professionals who are extremely skilled at accurately calculating the long-term financial and non-financial effects of traumatic accidents. 

Vicarious Liability Explained by a Pensacola Truck Accident Attorney

Vicarious liability is a legal concept that allows you to hold one party responsible for another’s actions. Typically, this involves a principal and an agent, such as in an employer-employee relationship. The principal controls the agent’s actions, and the agent acts for the benefit of the principal. The principal’s responsibility for the actions of the agent may include intentional acts as well as negligent acts and omissions. 

If you were involved in a truck accident due to the truck driver’s negligence, you may be able to hold the trucking company liable for your injuries. Some of the factors that may be relevant to your case are as follows: 

• Was the driver engaged in doing their job?
• Was the driver engaged in illegal activity?
• Did the trucking company fail to supervise or train the driver adequately?
• Did the trucking company incentivize or demand that the driver engage in negligent behavior, such as driving while fatigued, speeding, or driving in unsafe conditions?

Truck drivers are often under tremendous pressure to make deliveries on time. If the driver’s negligence caused your accident, you should speak with a Pensacola truck accident attorney about whether you have a claim against the trucking company. 

Was the Driver an Independent Contractor?

You may not be able to hold the trucking company liable if the driver was an independent contractor. Trucking companies often hire drivers as independent contractors as a way to shield themselves from liability. In an independent contractor relationship, the parties expressly acknowledge that neither shall be held liable for the other’s actions. As a result, the trucking company may quickly refuse your claim by arguing that the driver was an independent contractor. 

Fortunately, you may still have a claim against the trucking company, even if the driver was an independent contractor. The trucking company can be held liable if the company itself was negligent or was the direct cause of the driver’s negligence. For example: 

• The trucking company hired the driver even though the driver had a history of DUIs. 
• The trucking company demanded that the driver violate state or federal regulations.
• The trucking company failed to provide proper training or supervision. 

You should also keep in mind that the trucking company is probably responsible for maintaining the truck. If your accident resulted from a mechanical failure, the trucking company may be held liable even if the driver was an independent contractor. 

An experienced Pensacola truck accident attorney will navigate these issues related to vicarious liability so that you can get the compensation you deserve. 

Why Vicarious Liability Is Important for Truck Accident Victims 

Truck accidents are often catastrophic and typically result in severe injuries. Vicarious liability is important because the driver’s personal insurance may not cover your claim. The trucking company is likely to have insurance that offers much more extensive coverage. Also, the company likely has the financial resources to cover any uncovered losses you may have suffered. 

What Should You Next? Contact a Pensacola Truck Accident Attorney

With all of this in mind, what should you do next? Aside from seeking medical attention and following through with your doctor’s advice, the most important thing you can do is to speak with a Pensacola truck accident attorney. At Searcy Denney, we provide free consultations, and our attorneys routinely travel to meet with prospective clients in and around Pensacola. Once you contact us, we will schedule your free consultation as soon as possible, and we can begin investigating immediately if necessary in order to protect your legal rights.

Let’s talk about how our attorneys can help you and your family with your recovery. To get started with a free consultation, call 888-829-3357 or get in touch online today.