In the 2019 Florida Traffic Crash Facts Annual Report, the Florida Highway Safety and Motor Vehicles website reports light to heavy trucks accounted for 33 fatal vehicle accidents in Florida and another 157 crashes leading to the incapacitation of one or more individuals.
When someone is injured in a commercial semi-truck accident or any vehicular accident, the injured party can seek legal compensation. Knowing your options is critical to helping you reach an outcome that benefits you. At Long, Jean & Wechsler, P.A., our team of truck accident attorneys will aggressively fight for you. Speak to one of our team members today.
Florida Commercial Semi-Truck Accident Attorneys
Trucks are defined in more than one way, but what every definition of a truck implies is that a truck is a large, heavy vehicle. Most likely larger and heavier than your vehicle. When a larger, heavier vehicle collides with a smaller vehicle, the damage can be catastrophic. Florida is a state with slightly higher than average overall commute times, with the average one-way commute being 27.4 minutes long. A study by the Florida Department of Transportation found, only 6.6% of households in Florida are zero-vehicle households meaning 93.4% of households have a vehicle and share the road with other drivers, including commercial semi-truck drivers. Meaning there are a lot of vehicles on the road at any given point in the day, every day. It is safe to say that most of the time, truck drivers respect the road and are aware of their surroundings, but since more drivers are entering our streets and highway systems, the room for driver error is getting smaller and smaller each year. Meaning truck drivers need to be more careful now than ever before.
Common reasons why commercial semi-truck accidents happen:
Distracted driving and driver error
All drivers are prone to becoming distracted. Truck drivers are no exception. Truck drivers are commonly distracted on their phones, and they can also become distracted if they are eating while driving.
Driving under the influence
Impaired semi-truck drivers can cause catastrophic accidents. In 2019 the percentage of large truck drivers involved in a fatal crash was 2%, while the percentage for light trucks was 19%.
Speeding
Many truck drivers have quotas they need to meet, and to do so, they often go well beyond the speed limit. Large, loaded trucks slowing down in an emergency can spell disaster due to the size of the vehicle, increasing the chances of them becoming involved in a crash.
Driver fatigue
To meet their quota, it’s common for commercial semi-truck drivers to drive for extended periods. Although there are now laws to control how much truck drivers can drive in a day, the driver can still choose to drive more, or in some cases, the company applies pressure on them, making them feel like they have to continue driving.
Equipment failure
Trucks, like any vehicle, are prone to equipment failure. Without regular maintenance, the likelihood of equipment failure is higher, increasing the odds of a crash occurring.
Lack of driver training
Due to company budget cuts or tight deadlines, some companies fail to properly train or hire experienced truck drivers, making them drive a truck they may not have the experience for, which can cause an accident to occur.
Improper loading of the cargo
Inexperienced or employees who are rushing may cause a truck’s cargo to be improperly loaded, leading to the cargo shifting and moving around during transport which can lead to cargo falling off the truck and landing on the road.
Other drivers
It is important to note not every truck accident is the fault of the truck driver. Any number of variables can cause a multi-vehicle crash, from other drivers being distracted to road conditions and even weather.
Who is responsible for a commercial semi-truck accident?
Any number of parties could be responsible for providing you or a loved one with compensation if you or they were involved in a truck accident.
These parties include:
- The truck driver
- The company or owner of the truck
- The truck or auto parts manufacturer
- The shipping or cargo loading company
- Any mechanics who may have worked on the truck
- Third-party drivers or others involved
Truck accidents versus car accidents. How are they different?
Being a truck driver is a tough job—it really is. Companies hiring truck drivers need to select experienced drivers properly, and truck drivers need to know their limitations and skill sets when it comes to operating a truck.
Trucks are large, heavy vehicles commonly charged to move thousands of pounds from one location to another. Making the truck a multi-ton moving object with little to no options for making it stop in a timely manner. A fully loaded semi-truck can weigh 80,000 pounds, whereas an average car weighs under 3,000 pounds. You can imagine how insignificant a car is in front of a moving semi-truck. Accidents involving a commercial semi-truck often involve increased property damage, a higher chance of a fatality, and an increased likelihood of a serious injury occurring.
Types of compensation for victims involved in a commercial semi-truck accident
Just like each truck accident is different, each case is different as well. Factors that can influence how much compensation a truck accident victim receives include the severity of the injuries sustained, the amount of needed medical treatment, and how long the recovery process is expected to take. The types of compensation a truck accident victim can seek include both economic losses and subjective, non-economic losses. Punitive damages are another form of compensation that can be given to the victim, but this type of compensation is very rare.
Economic damages include:
- Medical expenses
- Loss of wages
- Loss of earning capacity
- Property damages
- Funeral costs
Non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
Truck Crash Statistics
The Florida Department of Highway Safety and Motor Vehicles categorizes a commercial motor vehicle as a bus, medium/heavy truck (gross weight over 10,000 lbs), or a vehicle that transports hazardous materials. It’s noteworthy that the state’s definition of Commercial Motor Vehicle is not identical to the broader categorization that personal injury lawyers use. In other words, Long, Jean & Weschler, P.A. handles commercial truck accident cases involving lighter vehicles and passenger transports that the state wouldn’t classify as CMV.
In 2022, there were 42,959 CMV accidents in Florida as defined by the state. There were 29 fatalities, 118 incapacitating injuries, 500 non-incapacitating injuries, and 1,245 possible injuries.
During the same year, Broward experienced 4,613 CMV Crashes with 22 CMV Fatalities and 1,037 CMV injuries.
Truck Accident FAQ
Our attorneys have interviewed many truck accident victims over the years. Many have the same questions about their accidents and injuries. If you’ve been injured in a truck accident and don’t see the answer to your question here, feel free to call for a free consultation.
When Should I Consult a Commercial Truck Accident Lawyer?
Ideally, you should contact a truck accident lawyer as soon as possible. If you’re able to, you can even call them from the scene of the accident. Your first priority should be your health and safety. Once you’ve gotten to a place of safety and have contacted first responders, you can contact an attorney. However, even if days, weeks, or months have gone by, you should still call a lawyer before accepting a settlement. At LJW Legal, we offer free, no-obligation consultations for accident victims. Call today.
How Can a Commercial Vehicle Accident Attorney Help Me?
What many accident victims don’t realize is that truck companies and truck insurance companies hire attorneys specifically to defend against accident lawsuits. In order to match their legal teams, you require your own experienced attorney. If you hire Long, Jean & Weschler, P.A. to pursue your claim, we will:
- Gather documentation and evidence related to the crash
- Subpoena trucker logbooks, manifests, and other evidence
- Subpoena and depose witnesses
- Total all economic and non-economic damages
- File your claim if you haven’t done so already
- Present a demand letter to the insurance company
- Negotiate with the insurer on your behalf
- Issue letters of protection to doctors so you can delay payment until your insurance claim is resolved
- File a lawsuit
- Review discovery evidence from the defense
- Represent you in all pretrial motions
- Retain accident investigators and expert witnesses
- Represent you during all phases of litigation
- Communicate with you during all phases of your case
We work on a contingency basis, which means that you do not have to pay out of pocket for our legal services. We collect our fees when you receive your settlement or court award.
What Should You Do Immediately After a Truck Accident?
The minutes after a commercial vehicle accident are critical. While no two accidents are alike, these steps may help you avoid further harm and make a full and fair recovery.
- Get to a Place of Safety – It’s important that you don’t remain in a precarious position. If any materials are spilling from the truck, assume they’re hazardous and drive or move away.
- Call 911 – Try to remain calm. The dispatcher will want to know your location, direction of travel, the type and number of vehicles involved, whether there are any materials spilling from the truck, the placard numbers on the truck, the number of injured and type of injuries, vehicle descriptions, and license plates. Be patient and answer what you are able to.
- Talk to Witnesses – Speak to anyone who may have stopped to view the accident. If they don’t want to stay, ask for their contact information.
- Document the Scene With Your Phone’s Camera – The scene will change rapidly in the minutes after a commercial truck accident. From a position of safety, take pictures or video of the scene. Include geographic indicators, traffic signals, damage to the vehicles, debris and marks on the roadway, visible injuries, etc.
- Allow EMTs to Examine You – You may be injured and not even realize it. Allow the EMTs to examine you. If they recommend that you go to the hospital, follow their advice.
- Contact a Truck Accident Lawyer – Within hours of a truck accident, the insurance adjusters will be at work. They may contact you with an offer to settle. Don’t accept an insurance company’s offer without representation. If you’re in Broward County, contact LJW Legal. We will review the offer for free.
How Long Do I Have to File a Truck Accident Claim?
Florida’s statute of limitations is four years from the date of a non-fatal accident and two years from the date of death in a wrongful death claim. It’s important that you don’t delay, however. Personal injury cases involve a great deal of preparation. Contact an attorney as soon as possible.
What if the Trucking Company Denies Responsibility?
This is common, especially in cases where the other party bears partial responsibility. However, Florida’s comparative negligence law allows accident victims to receive partial compensation that’s inversely proportionate to their level of responsibility. For example, if you’re 30% responsible for the crash, you can still receive 70% of your damages.
Will the Lawyer Handle Communication with Insurance Companies on My Behalf?
Yes, when we represent you, our attorneys will handle all communications with the insurance company. We will also accompany you when you give your statement and during any mandatory court appearances.
Are you eligible for a commercial semi-truck accident lawsuit?
Discover what your options are during a free case evaluation with our team of commercial semi-truck accident lawyers. Our team will aggressively fight for you.
Call us at 954-597-6770 or click here to send us a message.