Accident with a tractor trailer | Palm Beach County, Florida

How are multiple liability policies resolved if you are involved in an accident with a tractor trailer?

Ever wonder what happens when those big tractor trailers that drive the highway end up causing an accident? It all depends on how the tractor trailer is insured. You may be surprised to learn that the tractor and trailer are often owned by different parties. With that being said, the tractor and trailer will often be insured by separate parties. Generally, there should a pro rata so that the primary coverage on both the tractor and trailer cover the damages. Under the dangerous instrumentality doctrine, the owner of the trailer is not liable, while the owner of the tractor will be liable. Pullman Inc. v. Johnson, 543 So.2d 231 (Fla. 4th DCA 1989). However, if the driver of the trailer portion is an employee of the tractor owner then the tractor owner can be vicariously liable. The importance of discovering this relevant information early on cannot be discounted from any claim that involves a tractor trailer. Tractor trailer accidents often occur on the highways of Palm Beach County and contacting a knowledgeable Palm Beach County accident attorney is imperative to preserving your claim if you have been injured. Two cases that presented Florida courts with the issue of determining the order of coverage were Hartford Accident & Indemnity Co. v. Liberty Mutual Insurance Co., 277 So.2d 775 (Fla. 1973) and Liberty Mutual Insurance Co. v. Sentry Insurance Co., 288 So.2d 556 (Fla. 2d DCA 1974). In those cases, the tractor and trailer’s primary insurer were ordered to pay a pro-rata primary coverage. In both of these cases the driver was an employee of the trailer owner. The injured victim probably may have also been able to pursue a claim against the tractor owner under vicarious liability. In another case when the tractor’s policy had a pro-rata clause and the trailer’s policy only had an excess clause in it, the tractor’s policy was held to be the primary policy.