Being involved in a truck accident, such as one caused by a tire blowout or brake failure, can leave you with substantial harm on top of mounting financial losses. Commercial trucks are far larger and heavier than passenger vehicles, meaning the injuries and damages they cause are often catastrophic. If you were injured in a crash involving a semi-truck, 18-wheeler, or other large commercial vehicle, understanding your rights is crucial.
Below are answers to some of the most frequently asked questions about truck accident cases in Florida. If you’re ready to get started with your case, contact an attorney for a free consultation today.
Who Can Be Held Liable for a Truck Accident in Florida?
Truck accidents are rarely simple in terms of establishing liability, and multiple parties can share fault as well. Under Florida law, anyone whose negligence contributed to the crash can be held responsible for the resulting damages.
Depending on the facts of the case, liable parties may include:
- Truck drivers who do things like violate traffic laws or drive distracted
- Trucking companies that fail to hire and train drivers appropriately
- Cargo loaders who overload or improperly secure cargo
- Truck manufacturers that produce defective parts or vehicles
- Third-party maintenance contractors who are responsible for repairs or inspections
Determining liability and collecting the necessary evidence in these cases often requires a thorough investigation. A Florida truck accident lawyer can identify all of the responsible parties to help you pursue maximum compensation.
How Is Fault Determined in a Florida Truck Accident?
Florida has a modified comparative negligence law in place. This means that you can still recover compensation even if you are partially at fault, as long as your share of responsibility is 50% or less. However, your damages will be reduced in proportion to your degree of fault.
For example, if you are awarded $200,000 but found 20% responsible for the crash, your recovery will be reduced to $160,000.
Investigators and attorneys look at several forms of evidence to determine fault, such as:
- Police reports and crash reconstructions
- Truck driver logbooks
- Electronic logging device (ELD) data
- Witness statements
- Surveillance or dashcam footage
Note that regardless of fault, you can still file a claim against your personal injury protection (PIP) insurance coverage after a truck accident. More on this below.
What Types of Compensation Are Available in a Truck Accident Case?
If you’ve been injured in a truck accident, you may be entitled to economic and non-economic damages, collectively referred to as compensatory damages.
Economic damages cover financial losses such as:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Rehabilitation costs
- Vehicle repair or replacement
- Out-of-pocket expenses
Non-economic damages account for more personal losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
In rare cases where the defendant’s conduct was particularly reckless, punitive damages may also be awarded to punish the offender and deter similar conduct.
How Do Insurance Claims Work After a Truck Accident?
Florida follows a no-fault insurance system for most car accidents, meaning you generally start with your own Personal Injury Protection (PIP) coverage for medical expenses and lost income, regardless of fault.
However, because truck accidents often result in serious injuries, victims typically meet the legal threshold to step outside the no-fault system and file an insurance claim or lawsuit against the at-fault party.
Commercial trucking companies are required by federal law to carry large insurance policies (often up to $750,000 or more), which can help ensure that funds are available to cover your damages. Still, insurers frequently dispute liability or minimize claims, so having an attorney handle communications and negotiations is strongly advised.
How Long Do I Have to File a Truck Accident Lawsuit in Florida?
Under Florida’s statute of limitations, you generally have two years from the date of the truck accident to file a personal injury lawsuit.
If you miss this window, you will almost certainly lose your ability to pursue legal recourse. Some exceptions apply that could change the deadline, but they are limited. Contacting an attorney quickly helps ensure all filing deadlines are met and that your claim is set up for success early on.
What Should I Do After a Florida Truck Accident?
Taking the right steps after a truck accident can protect both your health and your legal rights.
Try to do the following as soon as possible:
- Call 911 and report the crash to law enforcement
- Seek medical attention immediately, even if you feel okay
- Exchange information with the truck driver and any witnesses
- Take photos or videos of the scene, vehicle damage, and injuries
- Avoid giving recorded statements to insurance adjusters
- Contact a qualified Florida truck accident lawyer for a free case review
The earlier you involve an attorney, the easier it will be to gather key evidence before it’s lost or destroyed.
Contact the Florida Truck Accident Lawyers at Shaked Law Firm, P.A. for Help Today
If you’ve been involved in a truck accident in Florida, you may be entitled to compensation. An experienced Florida truck accident attorney can guide you through the entire legal process and work to put as much money into your pocket as they can.
Don’t wait too long to get legal help. Contact Shaked Law Firm, P.A. today to schedule a free consultation.