Commercial Trucking Accidents
These incidents are defined as collisions between tractor trailers, such as a semi-truck, and another vehicle or pedestrian. Accidents involving commercial trucks tend to be more serious than accidents involving cars due to their size and weight.
Sadly, accidents involving these types of trucks occur frequently in Florida. According to 2022 statistics from the U.S. Department of Transportation, there were 9,824 commercial truck accidents in Florida, leading to 3,397 injuries and 303 fatalities.
Common causes of commercial truck accidents include:
- Driver fatigue
- Distracted driving
- Speeding
- Poor truck maintenance
- Equipment failure
- Overloading
Common types of injuries suffered in commercial truck accidents include:
Complexities of Truck Accident Claims
Truck accident claims are generally more complex than car accident claims for numerous reasons.
- Multiple parties may be involved. An auto accident generally involves two drivers. However, in a truck accident, multiple parties could be involved, including the truck driver, the truck company, the cargo owner, insurance companies, and the manufacturer of the truck or its parts. Because this type of accident claim involved multiple entities, identifying the negligent party and negotiating a settlement is more difficult.
- Truck crash injuries tend to be more severe. Truck accidents are more likely to lead to catastrophic injuries or fatalities than car accidents because of the size and weight of trucks, causing more extensive medical bills and lost wages for the victim.
- A Truck accident case is more heavily regulated. The Federal Motor Carrier Safety Administration (FMCSA) imposes significant regulations on the trucking industry. Truck accident law dictates regulations truck drivers and truck companies must obey. If a truck driver or truck company violates any provision of truck accident law or truck industry regulations, they may be held liable for the accident. Following certain accidents, the FMCSA requires drug and alcohol testing for truck drivers.
- Truck accident cases can be more difficult to investigate. Due to the complexities of the vehicles involved and the potential to hold multiple parties liable, truck crashes can be more challenging to investigate. Furthermore, truck companies often retain large experienced legal teams to defend accident claims.
As seasoned truck accident attorneys can attest, these many factors can prolong accident claims and make winning more difficult. If you’ve been injured in a truck accident, consulting knowledgeable South Florida truck accident lawyers is in your best interest. A truck accident attorney can protect your rights, investigate the truck crash, collect police reports, and strategize an approach to pursuing compensation in your truck accident case or wrongful death claim if applicable, while you focus on recovery and healing.
A Truck Accident Law Firm Shares What to Do After a South Florida Truck Accident
If you’re involved in a truck accident in South Florida, safeguarding your rights and interests begins with the following actions:
- Prioritize Safety: Call 911 if there are injuries. Move your vehicle to a safe location, if possible.
- Document the Scene: Exchange contact and insurance information with all involved parties. Take photographs of vehicle damages, injuries, and the overall scene. Gather witness contact details.
- Official Report: Always report the accident to the police to ensure an official record. Even seemingly minor incidents can have legal implications later on.
- Contact Insurance: Inform your insurance company about the accident and initiate the claims process.
Concerning a Truck Crash in Florida, Remember:
- You have a legal obligation to offer reasonable assistance if someone is injured in a truck accident. Part of this obligation involves notifying emergency services and remaining at the accident scene.
- Departing a truck crash scene without offering assistance can lead to felony charges.
- Florida law requires that any accident involving a commercial truck must be reported to authorities, regardless of the presence or absence of injuries.
A Truck Accident Lawyer Explains the Concept of Comparative Negligence in a Truck Accident
With Governor Ron DeSantis enacting HB 837 on March 24, 2023, Florida’s approach to shared fault in personal injury claims significantly transformed.
- What Changed? Previously, Florida employed a different system. Now, with the comparative negligence system, if you bear more than 50% of the blame for the accident, you won’t qualify for compensation.
- How Does It Impact Compensation? If your fault is determined to be 50% or less, you can still claim damages, but your compensation will reduce proportionally to your fault percentage. A personal injury attorney can explain how this new law applies to your particular truck accident case during a free consultation.
What are Claimable Damages? A Truck Accident Lawyer Explains
Consulting a truck accident lawyer with extensive experience in truck accident cases is critical. The right truck accident lawyer will guide you through filing a claim, clarify what to expect, and and explain the types of damages you can pursue, such as:
- Economic Damages: These quantifiable losses encompass medical expenses, lost income, rehabilitation costs, and other tangible expenses directly due to the accident.
- Non-Economic Damages: More intangible, these cover emotional distress, pain and suffering, loss of companionship, and other similar non-monetary hardships.
Trucking Companies and Insurers
While you’re seeking rightful compensation, trucking companies and their insurers will fight to protect their interests.
- Early Offers: They might approach you with a lowball truck accident settlement. While it might be tempting to accept and avoid prolonged legal battles, you might be short-changing yourself.
- Legal Assistance: Consulting South Florida truck accident attorneys with experience in pursuing truck accident claims is critical. Seasoned truck accident attorneys will represent you well and protect your interests.
Truck Accident Lawsuits and Florida’s Statute of Limitations
Immediately after a truck accident, the clock starts ticking. Florida’s statute of limitations restricts the time window during which you can file a negligence lawsuit. As of March 2023, you no longer have four years after the accident to file your truck accident claim.
From the date of the truck accident, you now have two years to initiate a personal injury claim against the at-fault driver, their employer, and/or their insurance companies. Building a solid case takes time, so consult a truck accident lawyer today.
