Truck Accidents in Florida
- Driver distractions
- Drug and alcohol abuse
- Overloaded tractor-trailers
- Equipment malfunctions
- Hours of service violations
When involved in a truck accident, a person should first receive medical attention, and then seek legal advice as soon as possible. Calling the police will allow them to dispatch emergency medical or fire personnel if needed and secure the scene so no further accidents occur. If it is safe for you to do so, try to document the scene by taking pictures, this will ultimately help build an argument for damages if the case goes to trial.
Filing a Florida Truck Accident Lawsuit
While all vehicle accidents differ, truck accidents can prove particularly dangerous due to their large size, cargo and difficulty to drive. The right attorney is an important ally for any one who has been in a truck accident, they will advocate for the best outcomes for victims and their families.
To be connected with a premier truck accident attorney in your area call 561-678-4584 or fill out the form below.
How Do I Know If I Have a Truck Accident Claim?
A person, such as a driver, passenger, pedestrian, or bicyclist, may have a truck accident claim if they were injured in an accident involving a truck. Depending on the circumstances, a Florida truck accident lawyer may recommend bringing a wrongful death claim if the accident resulted in a death, or a personal injury claim based on the particular details of the accident.
Since Florida is one of a few states that requires no-fault insurance, drivers are required to have a Personal Injury Protection (PIP) policy as part of their car insurance. PIP covers some or all of the policyholder’s medical expenses, lost wages, or other expenses depending on the insurance policy regardless of who is at fault for the accident. However, before contacting an insurance company, a person should consider contacting a Florida truck accident attorney. A lawyer can help navigate the situation and understand how to maximize a settlement. To be connected with a qualified Florida truck accident attorney, call 561-678-4584 or fill out the form below.
Truck Accident Statute of Limitations in Florida
Florida imposes a four year statute of limitations on truck accident injury claims. This means that a person has four years after the date of the accident to file a claim in Florida. If the injured party ends up dying as result of a collision, the statute of limitations is two years from the time of death and would proceed as a wrongful death lawsuit instead.
Who Can Be Held Liable in a Truck Accident Claim in Florida?
- The truck driver
- The trucking company
- The owner of the truck
- Maintenance or repair services
- The truck manufacturer
What Will My Florida Truck Accident Attorney Need to Prove in My Truck Accident Lawsuit?
The basis of a personal injury or wrongful death claim for a truck accident is negligence. A party is negligent if they failed to exercise the care that a reasonably careful person would have exercised, and that failure caused the victim’s injury.
- That the vehicle operator owed the injured party a legal duty of care. In this case, all vehicle operators owe a legal duty of care to other drivers, pedestrians, and other people on the road.
- That the vehicle operator breached this legal duty.
- That the breach caused the victim’s injuries.
Truck Accident Lawsuit Damages in Florida
- Medical expenses
- Wages
- Property damage
- Disfigurement
- Loss of consortium
- Pain and suffering
In cases of especially gross negligence a court may award punitive damages to a victim to punish an egregiously negligent at-fault party.
How Are Truck Accident Lawsuits Different from Other Vehicle Accident Lawsuits?
Truck accident lawsuits are more complex than other vehicle accident lawsuits. Commercial trucks are regulated by state and federal laws that impose strict rules and standards. Truck accident lawsuits may also involve several parties, since multiple parties may be liable for an injury caused by a truck accident. For this reason, it is prudent to contact a truck accident lawyer soon after being involved in a truck accident.
Finding the Leading Florida Truck Accident Lawyer
If you were involved in a truck accident, a qualified Florida truck accident attorney or truck accident law firm can help provide crucial legal assistance and fight for the justice you deserve. While the road back to normalcy can seem long after a traumatic accident, a qualified attorney can help sort through the important legal matters and assist victims every step of the way.
The Russo Firm
With over 25 years of experience, the Russo Firm is a nationally recognized law firm that offers a wide range of legal services throughout Florida and across the country. The Russo Firm’s board-certified, bilingual lawyers specialize in many legal domains, including truck accident claims. The Firm’s truck accident lawyers have successfully litigated truck accident claims on behalf of injured victims and families of deceased victims, as well as against insurance companies that have failed to properly pay claims. For more information call 561-678-4584 or fill out the form below.
The Law Center
The Law Center offers legal support and guidance through the legal journey. We are a national network of personal injury attorneys, and we are partnered with highly experienced law firms and some of the best truck accident lawyers in the country. If you or a loved one has been injured in a truck or semi-truck accident and you are considering filing a lawsuit in Florida, call 561-678-4584 or fill out the form below to be connected with a leading Florida truck accident attorney.
Sources
- https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-01/FMCSA%20Pocket%20Guide%202019-FINAL-1-9-2020.pdf
- http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html#:~:text=(a)%20An%20action%20for%20professional,the%20exercise%20of%20due%20diligence.
- http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html
- https://www.iii.org/article/background-on-no-fault-auto-insurance#:~:text=No%2Dfault%20auto%20insurance%20laws,of%20their%20auto%20insurance%20policies.