If you were injured in a drunk or drugged truck driving accident, you have rights.
Impaired driving needlessly puts other motorists at risk. It is even more dangerous when performed by someone operating a vehicle and trailer that weigh up to 80,000 pounds and potentially contain hazardous materials.
An experienced Florida truck accident lawyer from Shaked Law Firm, P.A. can discuss your legal options during a free case review if you were injured due to a truck driver’s drug and alcohol use on the job in Florida. Contact us today at 305-937-0191 to learn more.
How Shaked Law Firm, P.A. Can Help You After an Impaired Truck Accident in Florida
Truck accidents often cause serious injuries, especially when they are due to drunk or drugged drivers who may be speeding, run head-on into other motorists, or conduct other dangerous actions.
An experienced Florida personal injury lawyer from Shaked Law Firm, P.A. can help by:
- Investigating the accident
- Interviewing witnesses
- Gathering necessary evidence
- Exploring all your legal options for financial recovery
- Handling communications on your behalf
- Managing insurance claims
- Negotiating for maximum compensation
- Monitoring case deadlines
Call us today for a free consultation to discuss your legal options for pursuing justice.
How Common Is Impaired Driving in Florida?
The Florida Highway Safety and Motor Vehicles reports that 8,197 motor vehicle accidents occurred in Florida in 2023 that involved alcohol, including 227 fatal accidents and 260 accidents that caused incapacitating injuries.
The same year, 873 motor vehicle accidents involved drug use, including 190 fatal crashes and 70 incapacitating injury crashes.
Another 515 automobile accidents involved both drugs and alcohol, including 174 fatal accidents and 59 incapacitating injury crashes.
Federal and State Truck Driver Drug and Alcohol Laws
Truck drivers are subject to a much lower permissible blood and alcohol level than regular drivers. Under Florida law, a person can be charged with driving under the influence (DUI) if they have a blood or breath alcohol concentration of 0.08% or more, but commercial drivers can be charged with DUI with a BAC of 0.04% or more.
Truck drivers may also be subjected to drug and alcohol testing under Federal Motor Carrier Safety Administration rules at the following times:
- Before being hired as a truck driver
- After an accident involving bodily injury, death, or property damage that requires a tow-away
- At random intervals
- Upon reasonable suspicion
- Upon return to duty after testing positive, refusing to test, or violating relevant laws
- As a follow-up for drivers who tested positive, refused to test, or violated relevant laws
Obtaining records of drug and alcohol testing and whether the trucking company complied with these rules can make the difference between winning and losing your case.
What Financial Compensation Can I Recover After an Impaired Truck Driving Crash?
Florida personal injury victims can seek compensation for the economic and non-economic damages they sustained as a result of the accident.
Economic damages compensate for financial losses, such as:
- Medical expenses: You can seek compensation for your reasonable and necessary medical care, including ambulance charges, emergency medical treatment, hospital stays, surgeries, diagnostic testing, doctors’ bills, follow-up visits, rehabilitation, therapy, in-home health care, medication, medical devices, and future medical expenses.
- Lost wages: You can recover compensation for the lost income you suffered because of the accident. Your check stubs and a letter from your employer can help show the earnings you made before and after the accident.
- Reduced earning capacity: You can also seek compensation for your reduced earning capacity if you suffered a permanent disability that prevents you from returning to work, or you had to move to a lower-paying job because of your injuries.
- Property damage: If your car was damaged because of the accident, you can seek compensation for your repair bills. If the cost to repair it exceeds its value, you can seek compensation for its replacement value.
- Out-of-pocket expenses: These losses might include travel costs for medical appointments, the cost of renting cars or using rideshare services, the expense of replacing services they can no longer perform, or other damages.
Non-economic damages provide compensation for intangible losses, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Psychological trauma
- Disabilities and impairments
- Scarring and disfigurement
- Stress and inconvenience
- Loss of enjoyment of life
Cases involving drunk or drugged driving can also sometimes result in an award of punitive damages, which are designed to punish the wrongdoer.
Can I Recover Compensation If I’m Partially at Fault for the Accident in Florida?
Florida uses a modified comparative negligence system that typically allows accident victims to still recover compensation as long as they were not more than 50% at fault for the accident. However, their damages are usually reduced by their percentage of fault.
What Is the Statute of Limitations for a Personal Injury Lawsuit in Florida?
Florida generally has a two-year statute of limitations for personal injury claims. If you don’t file a lawsuit within two years of the accident, you might forfeit your right to compensation. There may be exceptions, so it’s critical to consult a Florida personal injury lawyer to ensure you don’t miss any deadlines in your case.
Contact Our Florida Truck Accident Attorneys for a Free Case Review
Were you injured in a truck accident caused by a drunk or drugged driver? A Florida truck accident attorney from Shaked Law Firm, P.A. can discuss your legal options during a free, no-obligation consultation. Call us today to get started.
Visit Our Personal Injury Law Office in Aventura, FL
Shaked Law Firm, P.A.
20900 NE 30th Ave STE 705
Aventura, FL 33180
(305) 937-0191
*Relocated across the street from Aventura Hospital.
Available 24/7