What if the truck driver was classified as an independent contractor?
Trucking companies sometimes classify drivers as independent contractors in an effort to shield themselves from liability for the driver’s negligence. Florida courts look beyond the contractual label and examine the actual relationship between the driver and the company, including who controls the driver’s schedule, routes, equipment, and working conditions. In many cases, the company can […]
How long do I have to file a truck accident claim in Florida?
The statute of limitations under Florida Statutes Section 95.11 is generally two years from the date of the accident. However, because evidence preservation in truck cases demands immediate action, contacting an attorney on the same day as the accident or as soon afterward as possible is strongly recommended.
Can I sue the trucking company, not just the driver?
Yes, and in most truck accident cases you should. Trucking companies can be held liable for negligent hiring and training practices, failure to maintain vehicles, pressure on drivers to violate safety rules, and vicarious liability for the driver’s negligent acts within the scope of employment. The trucking company typically carries the primary insurance policy and […]
What is an electronic logging device and why does it matter in my case?
An ELD is a device mandated by the FMCSA that records a truck driver’s hours of service, including driving time, on-duty time, and required rest periods. This data can prove that a driver was fatigued, had exceeded legal driving limits, or falsified log entries. Because ELD data can be overwritten on a regular cycle, sending […]
Why are truck accident cases more complex than standard car accident cases?
Truck accidents involve layers of complexity that do not exist in standard car crash claims. Federal regulations govern nearly every aspect of the trucking industry, from driver qualifications and rest requirements to vehicle maintenance and cargo securement. Multiple potentially liable parties, each with its own insurance coverage, may share responsibility. Corporate defense teams with extensive […]
How long do I have to file a construction injury claim?
Workers’ compensation claims have specific reporting and filing deadlines. Third-party personal injury claims are subject to the general two-year statute of limitations under Florida law. Because construction sites change rapidly and evidence can disappear quickly, contacting an attorney as soon as possible after the injury is critical.
What are the most dangerous construction hazards?
OSHA identifies falls, struck-by-object incidents, electrocutions, and caught-in/between hazards as the Fatal Four, responsible for the majority of construction fatalities nationwide. Equipment malfunctions, trench collapses, and chemical exposures are also significant hazards.
Can I receive more compensation than workers’ comp provides?
Yes. A third-party negligence claim provides compensation for pain and suffering, full lost wages (not the capped amount workers’ comp pays), loss of future earning capacity, and other damages that workers’ compensation does not cover. These claims frequently result in substantially higher total recovery for the injured worker.
Does an OSHA violation help prove my case?
OSHA violations documented by the U.S. Department of Labor serve as strong evidence of negligence in a civil lawsuit. A citation shows that a responsible party failed to comply with established federal safety standards, which can be powerful proof that the party breached its duty of care to workers on the site.
Can I file a lawsuit if I was injured on a construction site?
Yes, if a third party other than your direct employer contributed to your injury. Workers’ compensation is your exclusive remedy against your employer, but you may have separate negligence claims against general contractors, subcontractors, property owners, equipment manufacturers, and other parties whose negligence played a role in the accident.
