Truck Accident Lawyers

 

Florida Truck Accident Stats

Miami-Dade and Broward are the number one and number two counties in the state for accidents. These two South Florida counties also have a disproportionate share of commercial truck accidents. In 2021, the state of Florida experienced 32,092 medium or heavy truck accidents with no injuries, 983 with possible injuries, 468 where the injuries were non-incapacitating, 124 with incapacitating injuries, and 28 involving fatalities.

The rate of injuries tends to be higher because of the increased weight of semi-trucks, making them very large trucks. In Florida, the maximum legal weight of a semi-truck is 80,000 lbs.

Proving Liability in a Truck Accident Case

In order to establish liability in a truck accident case, a personal injury lawyer or a truck accident lawyer must prove the following four elements.

1. Duty of Care

All drivers using Florida roadways have a duty of care to other drivers, passengers, and pedestrians. For truck drivers, this means obtaining proper licensing, obeying traffic laws, and following the regulations for commercial vehicles.

2. Breach of Duty

In order to obtain damages, a truck accident lawyer must demonstrate that the truck driver somehow breached their duty of care. Examples of this include:

• Operating semi-trucks while impaired
• Engaging in distracted driving
• Driving in excess of the maximum hours
• Not attending to safety equipment failures
• Careless driving

3. Causation

For there to be a liability, the driver’s breach of duty must have been responsible for the accident. For example, a driver is looking at their phone and colliding into the back of a car because they’re not paying attention.

4. Damages

Damages include both monetary costs and intangible costs. Accident victims can seek compensation for both past, and anticipated cash outlays related to the accident. They can also pursue damages for their physical pain, emotional suffering, and the inconvenience that accompanies having an unexpected injury.

Causes of Semi-Truck Accidents

These are some of the most common causes of semi-truck accidents in Broward County:

Distracted Driving

Truckers are subject to extensive driving times and often get bored. Like most drivers, they are aware of the dangers but will still text while driving or eat while they’re on the run.

Driving Under the Influence

In addition to alcohol, stimulants are also popular among truckers. This can affect reflexes and judgment.

Driver Fatigue

Trucking companies have a policy in which truck drivers have a maximum 11-hour driving limit and are subject to mandatory breaks and rest periods. Tired drivers make mistakes that can endanger others.

Equipment Failure

Trucking companies are required to adhere to mandatory maintenance schedules to ensure that their vehicles are safe to operate. They are ultimately responsible for any equipment failures that occur on their rigs.

Improper Loads

Trucking companies and truck drivers must also make sure cargoes are secure, so it doesn’t shift around or break free from the vehicle when the driver accelerates, decelerates, or turns.

Common Truck Accident Injuries

All types of injuries are possible in a truck accident. Common injuries include:

• Whiplash
• Bruising
• Cuts
• Abrasions
• Broken Bones
• Internal Injuries
• Burns
• Severed limbs
• Poisoning (due to inhaling hazardous materials)
• Death

What to Do After a Truck Accident

Truck accidents present unique challenges for accident victims. The following tips could prevent you from sustaining additional injuries and help you make a full financial recovery.

1. Get to a Position of Safety

With some truck accidents, the safest place may be in your vehicle. However, if you’ve struck a tanker truck, there may be explosive or toxic materials. If possible, drive your vehicle to a safer position or cautiously exit your car and move away on foot.

2. Call 911

The dispatcher will need to know your location, a description of the vehicles involved, whether there are visible placards on the truck, the number, and nature of injuries, etc.

3. Speak to Witnesses

Independent witnesses may be invaluable to your personal injury claim. With accidents involving witnesses, it is in your best interest to ask witnesses to remain on the scene or get their contact information.

4. Take Photographs

If you’re able to, take photographs from a safe vantage point for documentation. You’ll want to record geographic indicators, the position of the vehicles, markings on the truck, hazardous material placards, debris on the roadway, and visible injuries.

5. Seek Medical Treatment

Even if you don’t believe that your injuries are very serious, allow EMTs to examine you. If they recommend, you go to the hospital, follow their advice. In any event, follow up with your personal doctor.

6. Contact LJW

Before you accept an inadequate settlement from an adjuster, contact our Pompano Beach Law office to discuss your case. We will review the settlement offer for free. Call today.

Truck Accident Frequently Asked Questions

These are some of the most common questions we hear at our personal injury law firm.

How Long Do I Have to File a Truck Accident Case in Florida?

The statute of limitations in Florida is four years from the date of the accident. In wrongful death cases, the four-year clock begins on the date of death.

Are There Damage Caps in Florida?

There is no limit to how much you can seek for compensatory damages. These are based on your actual expenses and past precedent for similar injuries. Punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater.

Contact a Proven Personal Injury Lawyer Today

The personal injury attorneys/truck accident attorneys at Long, Jean & Wechsler, P.A. have earned their reputation as diligent advocates for their clients. If you have been injured due to trucker negligence, call LJW to speak to an attorney for free.