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What Determines Liability in Commercial Truck Accidents?

March 8, 2021 | Category: Truck Accidents | Share

An injured victim of a Florida commercial truck accident may incur vehicle damage, lost wages, medical expenses, and even life-long disabilities. Determining liability in a commercial truck accident in Florida can be complex if multiple parties are involved.

What Factors Determine Liability in a Commercial Truck Accident - Spivey LawOne may expect the driver to be the one responsible for his/her actions that led to the accident. This may be the case. However, if the truck suffered from a mechanical failure over which the driver had no control, then there can be other entities that may be liable that include the company that owns the truck for possibly neglecting proper maintenance protocol and for poor maintenance worker training. If the accident is caused by parts that failed or were not installed properly, this widens the list of potential defendants. 

If it can be demonstrated that a truck driver was functional in his/her scope of employment when the accident occurred, then the trucking company can be held liable for the truck accident. The court uses several factors when determining who is liable including:

  • Driver’s intentions
  • Driver’s conduct at the place and time of the accident
  • The type of work the person was hired to accomplish
  • The acts the employer expected of the employee
  • The leeway the employee possesses to accomplish his/her duties

Fort Myers Truck Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. says, “Our Fort Myers truck accident attorneys consult with the best trucking experts in the state of Florida to determine how an accident occurred and how it could have been avoided. Unfortunately, we often find that these truck accidents easily could have been avoided if the trucking company had not chosen to put profits ahead of safety in its list of priorities.”

“Should you or a loved one be injured in a truck accident, please contact our law firm after seeking medical attention. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. We provide personal contact and communication along with aggressive representation. There are no costs or attorney fees until we receive a monetary recovery for you, and we are available 24/7,” said Attorney Randall Spivey.


Fort Myers Truck Accident Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Visit for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.




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