Trucking accidents and ‘the reasonable man’ standard

Large trucks and buses, by virtue of their size, constitute a significant risk of potential injury or death to others using the highway. In the last 10 years, the number of large trucks involved in injury crashes increased by about 21 percent from 73,000 to 88,000 nationally. During that period of time, 241 people died in crashes with large vehicles in the United States. More and more large trucks and buses have taken to the highway in the last 10 years, and because of their sheer size they pose a serious risk of harm to occupants in smaller vehicles.

Compounding the problem is that truck drivers often have schedules to meet and too often drive for extended periods without sleep, thereby creating a more significant danger for a potential accident.

When a serious accident or injury occurs as a result of an encounter with a large truck or bus, through no fault of the other driver, a right of recovery for injury arises. Florida has what is called the “reasonable man” standard for truck drivers as well as for drivers of other vehicles. The reasonable man standard provides that failure to do what is reasonable under the circumstances constitutes negligence for which both the driver and owner of a vehicle are liable. Because many truck drivers are professional drivers, they are expected to meet a higher standard than the ordinary driver. Operators of a commercial carrier such as a bus are held to the highest standard of care. A lawyer who specializes in representing victims with serious injury or death knows how to properly present a case to assure that they are adequately compensated when involved in a major automobile, truck, or bus accident.

Theodore Babbitt is senior partner in the law firm of Babbitt & Johnson, P.A., and is a member of the Inner Circle of Advocates, which is limited to the top 100 personal injury lawyers in the United States.