Every year, there are approximately 400,000 car and truck accidents in the state of Florida. In 2018, there were 403,626 accidents, with about 40,000 of them involving trucks of all different sizes. Large truck accidents have a significant impact in Florida, often resulting in more severe outcomes due to the size and weight of these vehicles. There are many contributing factors to a truck accident, like malfunctions, improper training, unsafe conditions, or whether or not the driver is under the influence of any drugs or alcohol. Florida truck accidents often require legal guidance specific to the state’s laws and regulations.
18-wheelers are large in both size and weight, making them much more dangerous than driving a regular car or even an everyday truck. These commercial trucks are a type of motor vehicle that can weigh around 80,000 pounds, in comparison to a passenger car, which only weighs around 3,500 pounds. This weight difference is especially significant when compared to passenger vehicles, and is one of the main reasons commercial trucks can be so dangerous.
They take longer to stop and have larger blindspots, making the accidents that happen more likely to cause greater injuries or fatality. Highway safety is a major concern, and strict regulations are in place to help prevent such accidents and protect all road users.
When accidents cause severe injuries, the cost for medical care and medical bills can be through the roof. In many situations, the severely injured will also miss out on wages from work, and have to pay to have simple services done for them, like cooking and cleaning. Severe injuries also present more concern, and can have many complications. This adds to the large medical price tag they’re already facing.
Introduction to Truck Accidents
Truck accidents are among the most serious and complex incidents that can occur on Florida’s highways. The sheer size and weight of commercial trucks, including semi-trucks and 18-wheelers, mean that when a truck accident happens, the consequences can be devastating. Victims often face severe injuries, extensive property damage, and overwhelming medical expenses. Navigating the aftermath of a truck accident is rarely straightforward, as these cases involve unique legal and insurance challenges. If you or a loved one has been involved in a truck accident, working with an experienced truck accident lawyer is crucial. A skilled accident lawyer can help you file a strong truck accident claim and pursue maximum compensation for your injuries, property damage, and other losses.
Causes of Truck Accidents
There are many factors that contribute to truck accidents in Florida. One of the leading causes is driver fatigue, as truck drivers often face demanding schedules that push them beyond safe driving limits. Inadequate training can leave truck drivers unprepared to handle complex traffic situations or hazardous weather conditions. Speeding and reckless driving are especially dangerous when large commercial trucks are involved, turning these vehicles into potential hazards on the road. Improper cargo loading can cause trucks to become unbalanced and tip over, while poor truck maintenance—such as neglected brakes or worn tires—can lead to mechanical failures and catastrophic accidents. Understanding these causes is essential for building a strong case and holding the responsible parties accountable.
Do I Need an Attorney if I Was Injured by a Trucker?
Personal injury can be a complex field to venture into all by yourself, and a personal injury lawyer can be a big help in getting you the money you deserve after your accident. The driver, the trucking company, and you all have different stakes in the accident, and therefore it can feel like a lot of different parties arguing over the outcome. For truck accident victims, having strong legal support is crucial to ensure their rights are protected and to pursue fair compensation.
Having an experienced attorney by your side throughout the process may help you come to a better conclusion. They’ll take care of everything for you, so you can just worry about feeling better after your accident.
Understanding Florida Law
Truck accidents in Florida are governed by specific state laws and regulations that can significantly impact your case. Florida follows a modified comparative negligence rule, which means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. Additionally, Florida law imposes a statute of limitations on personal injury claims, generally giving you two years from the date of the truck accident to file a lawsuit. Navigating these legal requirements can be challenging, but a knowledgeable Florida truck accident lawyer can help ensure your rights are protected and that you meet all necessary deadlines to pursue your claim.
Filing a Truck Accident Lawsuit in Florida
Filing truck accident claims in Florida can be difficult, because many people can be responsible for the accident’s occurrence. Depending on what exactly happened, the responsibility could fall on many different parties. If the driver was driving recklessly, it could be their fault, but if the truck crashed due to a malfunction, the blame could land on the trucking company, or the truck manufacturer, or the manufacturer of the part. There are also many third party claims that could be involved in the case, which is why hiring a personal injury lawyer is the easiest route to take.
Claims could be submitted by the driver, the truck’s insurance company, your insurance company, the employers, road maintenance, truck loaders, training companies, or part/truck manufacturers. Insurance claims in truck accident cases are often complex and may require legal guidance to navigate effectively.
A Florida Truck Accident Attorney Understands Negotiations
Insurance companies are usually prepared to pay only the bare minimum necessary so they can get away from the case without losing too much money. As many personal injuries lawsuits like these are solved during pretrial, it’s important to get a lawyer who understands and can negotiate well on your behalf. An experienced attorney can help you seek compensation for your losses by ensuring your claim is properly valued and presented. You want to make sure that they know exactly what damages you’re entitled to and how to encourage insurance companies to give you a solid payout. Because these negotiations can continue until the case reaches court, good attorneys need to create a balance between getting you what you deserve and alienating the other parties.
Dealing with Insurance Companies
Insurance companies play a central role in truck accident cases, but their primary goal is often to protect their bottom line rather than provide fair compensation to accident victims. Insurance adjusters may attempt to deny liability, undervalue your claim, or delay payments in hopes that you will accept a lower settlement. Navigating these tactics can be overwhelming, especially when you are recovering from serious injuries. A skilled truck accident lawyer or experienced truck accident attorney can handle negotiations with insurance companies on your behalf, ensuring that your interests are represented and that you receive the maximum compensation you deserve. Having a dedicated accident lawyer by your side can make all the difference in achieving a fair settlement in your truck accident case.
Ensuring Your Truck Accident is Thoroughly Investigated
Your attorney should bring on an experienced investigator to gather more information on your case. The investigator will interview witnesses, review the records, and even visit the accident scene to document it thoroughly. Documenting the accident scene is crucial to gather critical evidence that can support your case. A thorough investigation is essential for establishing fault and liability. The investigator will also obtain the police report and review any available police reports, as these are crucial pieces of evidence that detail the accident scene, involved parties, and initial fault assessment. They will analyze how the crash occurred using available evidence, such as vehicle damage and black box data. In complex cases, accident reconstruction experts may be consulted to recreate the incident and strengthen your legal claim. They may be able to find out something you never noticed during the accident, and this may lead to an increased settlement for you.
Common Challenges in Truck Accident Cases
Truck accident cases are often more complicated than typical car accident claims because they can involve multiple parties, such as the truck driver, the trucking company, and various insurance companies. Each of these parties may try to shift blame or minimize their financial responsibility, making it difficult for accident victims to secure fair compensation. Insurance adjusters and legal teams for the trucking company may use aggressive tactics to protect their interests. An experienced truck accident attorney can help you overcome these challenges by gathering critical evidence, identifying all responsible parties, and advocating for your rights throughout the legal process. With the right legal representation, you can level the playing field and improve your chances of a successful outcome.
Preparing for Trial if Negotiations Don’t End in Fair Compensation for You
It’s important to know that you are the most important person in your case. You have the final word on whether or not to accept a settlement offer or whether or not you want to take your case to a jury trial. Your attorney will give you their opinion, stating whether or not they believe that you should accept or deny the settlement, or whether or not you should take it to trial. However, you are not required to listen to this advice and you may do whatever you like. You should however, be prepared for what happens if you aren’t granted the money that you deserve.
If your negotiations aren’t going anywhere, or your attorney doesn’t seem to be the best at their job, it may be time to go elsewhere. Having a strong attorney who has the skills to win a case is very important. Florida truck accident attorneys have the expertise to navigate complex federal and state regulations, ensuring your rights are protected. Knowing how to handle a courtroom can be a difficult task, and this is something your attorney should have strong knowledge of.
Florida truck accident lawyers and truck accident lawyers are experienced professionals who can guide you through the trial process and advocate for maximum compensation and justice.
If you need legal support, we offer a free initial consultation and a free consultation to discuss your truck accident case with no upfront costs.
Types of Damages from a Truck Accident
Damage can be internal and external. Although we relate the word damage most often to injuries, damage can fall in a lot of different categories. It can be the loss of wages from being unable to work, bills from going to the hospital, or the costs of vehicle repairs after a truck accident. Non-economic damages, such as emotional distress, can also be claimed for the psychological impact and suffering caused by the accident. In tragic cases involving fatalities, families may pursue a wrongful death claim to seek compensation for their loss. Your attorney should understand the different types of damages and how they fit into your case.
Economic Damages
Economic damages can include things like hospital bills, costs of medical treatment, lost earnings, child care expenses, any transportation required after the accident, fees for surgeries, ambulance bills, therapy, rehabilitation services, and any other calculable expense that occurs because of the accident. Medical records are crucial for documenting these expenses and proving the severity of injuries. In cases involving commercial vehicles, these costs can be even higher due to the complexity and severity of such accidents.
Lost Wages
Lost wages account for anything that you may have already lost as a result of the injury. This accounts for any work that you missed due to your injury or the accident.
Future Wages
Future wages, otherwise known as loss of earning capacity, is in reference to any wages you may lose in the future as a result of the accident. If you have a mobile job and your legs are injured, you may be entitled to compensation because of your loss of earning capacity.
Non-Economic Damages
Non-economic damages or intangible damages account for things like pain and suffering, mental anguish, physical disfigurement, or loss of companionship.
Punitive Damages
Punitive damages account for any unacceptable behavior the defendant has caused, and are meant to be used as a punishment against them. This can include any unethical or egregious behavior that occurs. This amount cannot exclude either three times the sum of non-economic and economic damages combined, or more than $500,000, depending on whichever is greater.
Contact an Experienced Florida Truck Accident Attorney Today
Because these personal injury cases can be so intense and in-depth, with pretrial, multiple involved parties, and a lot at stake, hiring an experienced personal injury attorney will be the best way to get what you deserve from your case. Our personal injury lawyers here at The Eberst Law would be happy to take on your case. If you’re located in the Gainesville, FL area and you’ve been injured in a truck accident, please contact us online or at (772) 225-4900.
About the Author of this Page: The above information was written or reviewed by one of the attorneys at The Eberst Law Firm who have extensive experience trying legal cases outside and inside courtrooms throughout Florida. This article was also extensively researched to ensure that all information is accurate and up to date. If you want to know more about the author of this page, view our our attorney bios here.
