Articles Tagged with naples-truck-accident-attorney

Multiple-vehicle crashes often happen when two or more vehicles strike one another in a chain of rear-end accidents. They can sometimes be the result of a single driver’s negligence, but chain reaction crashes often involve carelessness on the part of numerous drivers. However, determining causation can be tricky. Although a single driver may concede 100 percent liability, there is often a number of factors that must be considered: Poor road conditions, construction hazards or numerous drivers who are distracted, drunk or operating aggressively.truck

Fault matters in these cases because that finding will determine who is liable to pay for damages sustained by those injured or surviving loved ones of those killed. That’s why insurance companies will dispatch special investigators, who will appear at the scene of the crash to assess the facts immediately. It’s imperative for victims’ interests to be represented as well, and that’s what our Naples injury lawyers do. We work to conduct an independent and thorough accident investigation and work closely with accident reconstruction experts, expert witnesses and other professionals to reach conclusions regarding liability.

In the case of Baumann v. Zhukov, the issue of fault in a multiple-vehicle accident on a Nebraska highway was raised before the U.S. Court of Appeals for the Eighth Circuit. The question was whether those involved in an earlier fatal crash that resulted in highway lane blockage could be liable for another fatal collision that resulted when a truck driver failed to stop for halted traffic.

Rear-end collisions are some of the most common on the roadway. Most occur because drivers don’t pay attention and travel too fast for conditions, failing to maintain enough distance between their vehicle and the one ahead. crashedbumper1

That’s why there is a presumption of negligence on the part of the tail-end driver.

But this presumption is not infallible. In fact, three years ago, the Florida Supreme Court took on this issue in Cevallos v. Rideout and rejected the 4th District Court of Appeal’s finding of presumptive negligence in a rear-end crash. The court determined a rear driver can rebut the presumption of negligence by producing evidence to show negligence on the part of the front driver.

Truck accident lawsuits are often highly complex for the simple fact that the organizational structures among motor carriers can be quite convoluted. largetruck

For example, the owner of the tractor and the owner of the trailer and the owner of the product being delivered are often all separate entities. Drivers too may be independent contractors or hired by the tractor owner through an agency. Each of these agreements among parties stipulates various insurance liabilities and responsibilities, and it can be very difficult for someone injured in a truck accident to determine which entities to hold to account.

All of this points to the bottom line that victims or survivors of victims of Florida truck accidents must contact a proven law firm as soon as possible after the crash. The sooner you contact a lawyer, the sooner an independent investigation can be held, and you can be advised of your rights and instructed on how to handle insurance settlement offers or denials.

When a trucker, busy perusing pornography behind the wheel, crashed into a disabled vehicle and killed the driver, her family sued not only the trucker, but also the man’s employer and the owner of the truck. tracksonsand

New York, like Florida, has broad laws on who may be held liable in the event of a crash. However, the defendant attempted to shield itself using the “Graves Amendment,” a law passed in 2005 with the intended purpose of shielding rental car companies from liability stemming from negligent driving by customers.

Recently, a federal judge reviewing Stratton v. Wallace rejected this argument, creating an important precedent in the current legal landscape. That’s because, as our Naples truck accident lawyers understand it, this defendant, a large trucking agency, has done something many others have in recent years in an effort to skirt responsibility for negligent drivers. It created several smaller affiliates, which then leased the trucks (and in some cases, labor) to the “sister company” within the same corporate family. By creating this degree of separation, firms reason they can evade liability statutes.