Florida’s truck route network is a vital system that supports the state’s logistics and transportation needs. It includes
major highways like I-95, I-75, I-4, and I-10, which are essential for long-haul trucking in the trucking industry. Key US highways such as US-1, US-27, and US-98 provide important connections between cities, while state roads ensure comprehensive coverage.
With the number of commercial vehicles on Florida roads, it’s no surprise that accidents do and will continue to happen. Florida’s busy highways see significant commercial traffic, including delivery trucks, freight carriers, and other large vehicles. Unfortunately, this also means a higher likelihood of large truck-related accidents, which can result in severe injuries and fatalities due to the size and weight of these vehicles.
When a truck accident occurs, it’s not just about dealing with the immediate aftermath—such as medical treatment and vehicle repairs—but also about understanding the regulations and liabilities. This is where Florida truck accident lawyers come in. These legal professionals bring a unique blend of expertise and dedication to each case, recognizing that every accident has its own circumstances and impacts.
What to Do If You Have Been Involved in a Truck Accident in Florida
If you or a loved one has been involved in a truck accident in Florida, it’s important to take the proper steps to protect yourself at this challenging time.
Get Medical Care
First, get medical care immediately, even if you feel fine. Some truck accident injuries might not show symptoms immediately, and a doctor can sometimes spot problems you might not notice. That being said, getting checked out is crucial to ensure there are no hidden injuries. Going to the doctor also creates a medical record of your injuries, which can be important if you need to make an insurance claim or take legal action by filing a personal injury lawsuit.
Keep Careful Records
Second, keep careful records of everything related to the accident. This includes the police report, medical bills, doctor’s notes, prescription receipts, and other documents from your healthcare providers. You should also write details about the accident, such as where and when it happened and any noteworthy weather or road conditions. Keep a record of any communication with insurance companies, including dates and times of phone calls, the names of people you spoke to, and what was said. These records will be vital if you must prove what happened and how it affected you.
Don’t Speak to the Other Party’s Insurance
Third, only speak to the other party’s insurance company after talking to your own. The other party’s insurance might get you to say something that could hurt your case, such as admitting fault or downplaying your injuries.
Call a Florida Truck Accident Lawyer
Finally, call a Florida truck accident attorney as soon as you can. A lawyer specializing in truck accidents will know how to protect your rights and help you get the maximum compensation you deserve. They can handle the complex legal processes and negotiations with insurance companies, allowing you to take the time to focus on your recovery.
An experienced commercial truck accident lawyer can also investigate the accident to determine who was at fault and gather evidence to support your case. Following these steps can make a big difference in how well you recover from the accident and ensure you get the help and compensation you need in your truck accident claim.
Why Do You Need a Lawyer Who Is Experienced with Truck Accidents?
Truck accidents can be far more complex than regular car accidents, making it a smart idea to have a lawyer specializing in this area. These accidents involve specific laws and regulations that don’t apply to other vehicle accidents, such as state and federal regulations on driver qualifications, truck maintenance, and service hours.
A lawyer experienced with truck crashes can determine if any of these rules were violated, identify all liable parties (which could include the trucker, the trucking company, the truck manufacturer, or the company that loaded the truck), and handle well-funded insurance companies that have legal teams to protect their interests. They know how to gather and preserve critical evidence before it is lost or destroyed, such as driver logs, maintenance records, and black box data. Additionally, they can accurately calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering, and navigate complex legal procedures, including filing necessary paperwork and representing you in court.
Having an experienced attorney familiar with truck accidents ensures that you have someone who understands the unique aspects of these cases, can handle the complexities involved, and will fight for the best possible outcome for you.
Serious Injuries Caused in a Truck Accident
Due to their enormous size and weight, truck accidents can lead to severe and life-altering injuries. Common types of serious injuries include:
- Traumatic Brain Injuries (TBI): A traumatic brain injury (TBI) can happen when the head experiences a significant impact, resulting in symptoms that can range from mild concussions to severe brain damage. These injuries can lead to lasting cognitive, physical, and emotional impairments.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis. The severity depends on the location and extent of the injury, potentially leading to permanent injury or lifelong disabilities and the need for extensive medical care and rehabilitation.
- Broken Bones: The force of a truck collision can cause multiple fractures. Compound fractures happen when a bone breaks and sticks out through the skin, while comminuted fractures occur when a bone breaks into many pieces. Both types of breaks are very serious and usually need surgery and a long time to heal.
- Internal Injuries: Internal organs can be damaged by the impact or by broken ribs puncturing them. Injuries to the liver, kidneys, spleen, and lungs can be life-threatening and often require emergency surgery.
- Burns: Victims can suffer severe burns if a truck accident results in a fire or explosion. Burns can cause extreme pain, permanent scarring, and disfigurement, often necessitating multiple surgeries and long-term care.
- Amputations: The force of a truck accident can crush limbs, sometimes necessitating surgical amputation. Losing a limb is a traumatic experience that requires long-term physical and emotional rehabilitation.
- Soft Tissue Injuries: These injuries commonly include damage to muscles, tendons, and ligaments, which can cause chronic pain and limit mobility. Whiplash is a common soft tissue injury in truck accidents, often leading to long-term discomfort.
Truck accident victims’ serious injuries often require immediate medical attention, long-term treatment, and extensive rehabilitation. The effects of these injuries go beyond physical pain, often impacting victims’ mental health and quality of life, underscoring the need for proper medical care and legal support after a truck accident.
Common Causes of Florida Trucking Accidents
Truck accidents in Florida can often be traced back to several common causes, including truck driver negligence and trucking company negligence.
Truck Driver Negligence
One of the leading causes of trucking accidents is driver negligence. This can include behaviors like distracted driving, where a negligent truck driver uses their phone or is otherwise not paying attention to the road, as well as driving under the influence of drugs or alcohol. Fatigue is another major factor of driver error, as many truck drivers work long hours and may not take the necessary breaks to rest, leading to decreased alertness and slower reaction times.
Trucking Company Negligence
Trucking company negligence is also a significant factor in many semi-truck accidents. Companies may pressure drivers to meet tight delivery deadlines, encouraging unsafe driving practices. Additionally, some companies fail to properly maintain their vehicles or conduct regular safety inspections, which can lead to mechanical failures on the road. Inadequate driver training and a lack of enforcement of safety regulations can further contribute to the risk of catastrophic accidents, making it essential for both motorists and companies to prioritize safety at all times.
Frequently Asked Questions (FAQs) About Truck Accidents
Who is liable for a truck accident in Florida?
Several parties can share liability for a truck accident, including the truck driver, who may be responsible for negligent driving or violating traffic laws. The trucking company can also be liable for failing to properly train the driver, not maintaining the vehicle, or imposing unrealistic schedules. Other potentially negligent parties could include the manufacturer of the truck or its parts, third-party maintenance companies, and even shippers or loaders if their actions contributed to the accident.
How long do I have to file a truck accident lawsuit in Florida?
Under Florida law, while the statute of limitations for filing a personal injury lawsuit after a truck accident is typically four years, acting swiftly is vital. Critical evidence such as traffic camera footage, witness statements, and physical remnants from the accident scene can deteriorate or become unavailable over time.
Truck accident cases require detailed investigations, which are time-sensitive and include an accident reconstructionist, analysis of trucking company records, and examination of the truck’s black box data.
These cases often involve multiple parties, such as the truck driver, the trucking company, and insurance firms, necessitating careful coordination.
Additionally, documenting the extent of your injuries and their long-term impact requires comprehensive medical records, which are best compiled soon after the incident.
Although the four-year statute provides a legal timeframe, prompt action fortifies your personal injury claim and enhances your chances of securing the fair compensation you deserve.
What damages can I recover in a truck accident lawsuit in Florida?
When you’re involved in a truck accident and decide to pursue a lawsuit, you may be entitled to various types of financial compensation, often referred to as damages. These damages fall into a few different categories:
- Economic Damages are the tangible, out-of-pocket expenses you’ve incurred because of the accident. This includes medical expenses for hospital stays, surgeries, medications, and ongoing treatments. It also covers loss of income if your injuries prevent you from working and any future income you might lose if you cannot return to work or have to take a lower-paying job. Economic damages can also include repairing or replacing your vehicle and other property damage from the accident.
- Non-Economic Damages: These damages are more subjective and cover the accident’s impact on your quality of life. They include pain and suffering, compensating you for the physical pain and discomfort you’ve experienced. Emotional distress damages address the psychological impact, such as anxiety, depression, and trauma resulting from the accident. Loss of enjoyment of life is another non-economic damage, compensating you for activities and hobbies you can no longer enjoy because of your injuries.
- Punitive Damages: In some cases, you might be awarded punitive damages if the at-fault party’s actions were reckless or harmful. These are intended not to compensate you for a specific loss but to punish the wrongdoer and deter similar behavior in the future. For example, if the truck driver was under the influence of drugs or alcohol or if the trucking company knowingly violated safety regulations, punitive damages might come into play.
Pursuing these damages requires building a strong case, where an experienced truck accident lawyer comes in. They can help gather the necessary evidence, such as medical records, accident reports, and expert testimonies, to demonstrate the full extent of your economic and non-economic losses. They will also argue for punitive damages if applicable, ensuring you get the compensation you deserve.
What is the 14-day accident law in Florida?
In Florida, the 14-day accident law requires that if you’ve been in an accident, you must seek medical treatment within 14 days to qualify for benefits under your Personal Injury Protection (PIP) insurance. If you miss this window, you could pay for your medical expenses out of pocket, which can be a heavy financial burden.
This law encourages people to get checked out right away, as early medical care can help prevent complications down the line. Immediately seeking treatment keeps you on top of your health and ensures you can access up to 80% of your medical costs and 60% of lost wages, capped at $10,000.
At Munley Law Personal Injury Attorneys, we understand how confusing the 14-day rule and PIP insurance can be. If you’ve been in a motor vehicle accident involving a big rig, our dedicated team is here to help you navigate the process and secure the benefits you need.
Will I Have To Go To Court?
Not all truck accident cases go to court. Many cases are settled through negotiations with insurance companies before reaching the courtroom. However, if a fair settlement cannot be reached, you may need to file a lawsuit and go to court to resolve the matter. Your personal injury lawyer can help you understand your options and guide you through the process, whether it involves settling or going to trial.
How Much Does it Cost to Hire a Truck Accident Lawyer?
Usually, hiring a truck accident lawyer involves a contingency fee arrangement, meaning you don’t pay anything upfront. The lawyer’s fee is a percentage of the settlement or judgment you receive if you win your case. This percentage usually ranges from 25% to 40%, depending on the complexity of the case and the stage at which it is resolved.
You generally won’t owe any legal fees if your case doesn’t result in a settlement or favorable judgment. However, you might still be responsible for certain costs, such as filing fees, expert witness fees, and other expenses related to building your case. It’s important to discuss all potential costs and fee arrangements with your lawyer before proceeding to ensure you understand the financial commitment involved.
Contact our Experienced Florida Truck Accident Lawyers Today
Munley Law Personal Injury Attorneys are here when you need exceptional legal services for a personal injury claim. Our experienced team is committed to upholding the highest standards of excellence in protecting individual rights through our extensive resources and knowledge.
If you believe you have a personal injury case, don’t hesitate to contact Munley Law Personal Injury Attorneys. You can call, live chat, or email us for a FREE consultation. Our law firm of top attorneys will review your case thoroughly at no cost to you, and you won’t pay anything upfront or out of pocket.
Choose Munley Law for unparalleled dedication and expertise.
