Semi-trucks and tractor-trailers have the potential to cause significant damage to both people and property in the event of an accident. As a result, the claims process for large truck accidents can be complicated, lengthy, and at times, tedious.
Who Are the Defendants in Florida Truck Accident Claims?
In many truck accident cases, the trucker is named as the defendant and, therefore, is considered liable for the accident. However, liability in a commercial truck accident could extend beyond the truck driver.
Additional parties who could be held liable in a Florida semi-truck accident include:
- The employer of the driver or client (the trucking company)
- The owner of the truck
- The manufacturer of the truck (especially if the crash was the result of a defective part)
- The business or third-party contractor responsible for the cargo
Statistics of Semi-Truck Accidents in Florida
The following are semi-truck accident statistics for the state of Florida in 2023:
- In 2023, there were 10,965 commercial truck and bus accidents in Florida.
- 300 semi-truck and bus accidents in Florida resulted in fatalities.
- 5,308 injuries occurred due to an accident with a semi-truck or bus.
- 6,220 accidents with semi-trucks resulted in a vehicle being towed away.
The Top 3 Reasons For Commercial Truck Accidents In Florida
There are many different reasons why commercial truck accidents occur in Florida, but the following are considered to be the top three reasons.
- Driving Overloaded—An overloaded semi-truck’s blowout or brake failure on the roadway could trigger a catastrophic mechanical failure.
- Commercial Truck Malfunctions – One of the biggest commercial truck malfunctions occurs when the electron logging device (ELD) is no longer able to record or retrieve previously recorded logs about the carrier.
- Distracted Truck Driving – There are many ways a truck driver can be dangerously distracted on the road, including dialing a cell phone, eating, drinking, texting, or adjusting the radio
Chad K. Florin, a triple-board-certified attorney at Florin|Roebig, explains,
“Sharing the roads with big trucks can be dangerous for Floridians, and many of our clients have faced serious damage and injury caused by accidents with semi-trucks. Drivers must stay alert when they are driving and call us if there’s an accident.”
Types Of Semi-Truck Accidents In Florida
Due to a commercial truck’s size and weight, several different types of truck collisions can occur in Florida and have the potential to be catastrophic.
Override Truck Accident
An override accident occurs when a semi-truck rear-ends a smaller vehicle in front of it. Because the height of commercial trucks can be significant, semi-trucks may actually drive over the back of the smaller car, causing a car accident.
Underride Truck Accident
This type of truck accident is the exact opposite of an override accident. When an underride truck accident happens, the driver of the smaller vehicle behind the truck rear-ends the back of a tractor-trailer.
Rollover Truck Accident
Big rigs with tall trailers can tip when drivers make turns at too-high speeds. Other reasons rollover truck accidents can happen include weather conditions such as strong winds or driver error, which can also cause the truck to fall on its side.
Jackknife Truck Accident
This type of commercial vehicle accident occurs when the tractor-trailer attachment comes loose or fails, forcing the tractor-trailer to swing out perpendicular to the tractor, similar to a jackknife.
Runaway Truck Accident
When a trucker loses the capability to stop or slow the semi-truck, the weight of the big rig can push the truck to reach high speeds. This can be extremely dangerous, especially when the truck travels downhill, because it could hit anything in its path.
Why Expert Legal Representation is Crucial
If you hire a truck accident attorney in Florida to help you collect damages for your claim, one way they can help you is by proving the other driver was negligent. Your attorney will need to find important information that proves the truck driver or the trucking company’s negligence.
The following information can help your attorney prove negligence:
- Truck driver’s CDL license
- Criminal record of the truck driver
- Trucker’s driving record
- Hours of operation
- Cargo considerations
- Trucker’s physical state
The Truck Accident Claim-Filing Process
When it is time to start your truck accident claim, the following are the basic steps you can take to get started:
- Compile proof for your accident claim: Gathering photos and videos of the accident that you were able to take at the accident scene can help build your claim.
- Take a moment to review your insurance policy. Most people are not sure what their policy covers in an accident, only that it covers accidents.
- Contact the Florin|Roebig law firm: Hiring a truck accident attorney is an important part of the claims process because they know what it entails and can assist you throughout.
- Request a copy of the police report: The police report will be very beneficial for your truck accident claim case because of what it entails: the police report gives an official take on the accident, including who may be the one at fault and liable.
- Contact your insurance company: Once you have completed the previous steps, it is time to start your insurance claim. Call your insurance company and have your policy and contact information on hand to help the process more quickly.
After a truck accident, an insurance adjuster will likely be sent to investigate the scene in person, including the damage to the vehicles involved. The adjuster will also want to talk to you.
State Laws For Semi-Truck Accident Cases
The two most important laws to consider are the statute of limitations for personal injury claims and determining fault in a semi-truck accident.
The statute of limitations refers to the length of time you have to bring your claim against the at-fault party. In Florida, a person involved in a semi-truck accident has four years from the date of the accident to file a personal injury claim.
Florida is a comparative fault state, which means that both drivers’ insurance companies communicate to determine each driver’s level of fault and seek to cover the cost of damages.
Fault In Car Accidents, Liability In Semi-Truck Accident Cases
Fault may be decided by many factors, but usually, the driver at fault is the party who was negligent.
Some factors that affect fault in car accidents include:
- If the driver at fault was negligent
- If the driver was under the influence of drugs or alcohol
- If the road conditions were dangerous
- What the weather conditions were like
- Whether the car malfunctioned due to a manufacturing error
Liability in Semi-truck Accidents
Although someone can be at fault for the semi-truck accident, they may not be considered liable or legally responsible for paying damages.
If a semi-truck’s brakes malfunctioned due to a manufacturing error that prevented the big rig from braking the way it should, the trucker would be at fault but likely not liable for the accident. In this example, the brake manufacturer may be considered strictly liable for the collision.
If you have been in an accident with a semi-truck and are trying to determine fault and liability, contact Florin|Roebig today.
Consideration Of Negligence, Degree Of Fault
In personal injury law, negligence refers to any conduct or action leading to injuries, damage to property, or other related consequences.
The following are the most common types of negligence in personal injury claims filed by car accident victims:
- Gross negligence: Refers to serious disregard for the safety of others or for traffic laws that result in an accident. Gross negligence must usually occur when filing a claim for car accident injuries.
- Comparative negligence: A type of negligence system that most states use, which considers a party’s level of blame for the accident compared to the blame of others involved in the accident. Each party is assigned a percentage of fault, and damages awarded are adjusted accordingly.
- Contributory negligence: A person cannot file a car accident claim to seek compensation if they are found to be even 1% at fault for the accident.
While fault may seem like a clear and straightforward concept, it can, in fact, be complicated. The amount and ability to collect compensation for damages will depend on your state.
Here is what’s important to understand about fault in car accidents:
- You can still recover damages in no-fault states. You may still be able to receive compensation for your injuries if your injuries exceed your personal injury protection (PIP) policy.
- Your level of fault may reduce your settlement. In the comparative fault system, your percentage of fault will reduce your compensation. So, if you are assigned a 40% fault, you will receive a settlement amount of less than 40%.
- Fault may bar you from claiming damages in some states. In a contributory negligence state, you cannot file a claim if you are found to be at fault in any way.
Common Florida Truck Accident Injuries
As with any auto accident, injuries from trucking accidents can be minor or severe. However, large truck accidents are more likely to cause severe or debilitating injuries.
According to data from the FMCSA, the number of truck accident injuries are increasing.
Examples of injuries from a truck crash include:
- Broken bones
- Spinal cord injuries
- Disfigurement or scarring
- Traumatic brain injuries
- Severed limbs
- Burns or lacerations
- Other fatal injuries
Ways The Accident Can Impact Your Life
Semi-truck accidents have far-reaching consequences that extend beyond the direct aftermath of a serious collision. Serious injuries can cause shocking medical expenses.
Other ways an accident can affect your life include:
- Losing your job
- The potential for lost income
- Losing your transportation method
- Losing your independence
- The value of your pain and suffering
- The potential to develop post-traumatic stress disorder (PTSD)
- The loss of your partner or loss of companionship
- Having to make changes to your living space or vehicles/method of transportation to accommodate severe or permanent injuries
What To Do After A Truck Accident In Florida
Knowing how to handle the aftermath of an accident can be helpful, including gathering evidence to support your accident claim. If you’ve been injured in a car accident, follow these steps:
1. Get Medical Care
Take a moment to look over everyone for the well-being of the people in the accident.
It is important to call 911 immediately if there are any injuries. It is important to let the EMTs look over you and clear or send you to the emergency room.
You should hang on to any medical bills or proof of expenses to help build your case.
2. Collect Contact Information
It is critical for your insurance claim and possible personal injury lawsuit that you exchange contact information with everyone involved in the accident
Information you should gather includes:
- Names
- Phone numbers
- License plate numbers
- Driver’s insurance information
- Driver’s license numbers
- Trucking Company information
If an uninsured driver is involved, you will need to take note of this as well. This could be a serious hindrance to getting the compensation you are seeking for damages.
3. Contact The Police
One of the benefits of contacting the police after a semi-truck accident is the formal report that the police file. This report is law enforcement’s official opinion on what happened in the accident, including who is at fault and who is liable.
4. Collect Photos Or Videos
When you and your passengers are safe and away from any wreckage, you should begin taking photos and recording videos. You should make sure to include the date and the time in the recordings.
5. Contact Your Insurance Company
It is important to begin the claim process as soon as possible and to make sure your insurance company cooperates.
Attorney Chad K. Florin of Florin|Roebig cautions,
“It is important that our clients be aware that your insurance agent is not always working to get you the highest compensation possible. It is in the best interest of your claim to seek the opinion of a qualified semi-truck accident attorney.”
Most Dangerous Roads In Florida
Florida’s extensive highway system experiences a significant amount of truck traffic, leading to several hotspots for truck-related accidents. Here are four highways in Florida historically considered dangerous for truck accidents
-
- Interstate 95 (I-95): Stretching along Florida’s east coast, I-95 is one of the primary north-south routes in the eastern U.S. High traffic volumes, combined with varying road conditions and a mix of local and long-distance traffic, contribute to its higher rate of truck accidents. The frequent stop-and-go traffic in urban areas like Miami and Jacksonville can create risky situations for large trucks.
- Interstate 75 (I-75): Also known as “Alligator Alley” in its stretch across the Everglades, I-75 runs from the northern part of the state down to Miami. Its long, straight stretches can lead to high speeds, and the mix of tourists unfamiliar with the road and large trucks can be a dangerous combination. The areas around Tampa and Gainesville have seen numerous truck accidents.
- U.S. Highway 27: This highway runs through the center of the state, from Miami up to Tallahassee. The rural nature of this road combined with its two-lane design in many sections makes it a hotspot for head-on collisions and overtaking-related accidents. The mix of local farm equipment, commercial trucks, and passenger vehicles can be particularly hazardous.
- U.S. Highway 1 (Overseas Highway): This iconic highway connects the Florida Keys to the mainland. Its two-lane design, combined with high tourist traffic, frequent stops, and the presence of large trucks, creates a unique set of challenges. The road’s limited escape routes and tight confines can lead to severe truck accidents.
How Florin|Roebig Can Help With Your Truck Accident Claim
The following are some of the many advantages gained by hiring a Florin|Roebig attorney:
Car Accident Case Experience
An attorney with many years of experience in multiple scenarios can be an asset to your car accident claim. The semi-truck accident lawyers of Florin|Roebig have more than four decades of experience representing car accident victims, and they have hundreds of satisfied clients to date.
A Strong Personal Injury Claim
Top-rated attorneys will have the experience to help build your personal injury claim and improve your chances of gaining the best compensation.
The attorneys of Florin|Roebig have many years of experience in many different types of accidents, including semi-truck crashes.
Negotiating A Fair Settlement
By hiring an attorney, you can ease this burden by shifting the responsibility of negotiating with insurance to a legal professional who has experience championing injured parties on their behalf.
Practical Advice for After a Semi-Truck Accident
If you or someone you love have been involved in an accident involving a semi-truck, the following are some helpful steps to keep in mind:
- Make sure you seek medical attention: Serious injuries will likely require the care of an emergency room. EMTs can mostly care for mild and moderate injuries on the accident scene, but you will be told to schedule a follow-up appointment with your regular doctor.
- Collect evidence as soon as you can: You need to start gathering photos and videos of the accident scene for use in your claim. If there are witnesses to the accident, you should ask if you can record their statement.
- Call your insurance provider: Before you call your insurance company, ensure you have your insurance policy information and contact information. You should also have any receipts for repairing or replacing damaged property and your medical expenses on hand.
- Protect your legal rights: You must not take the blame for the accident that occurred, even if it seems clear to you. This is one reason that contacting a personal injury attorney can be very helpful for you and your claim.
Our Featured Case Results
Frequently Asked Questions
The following are questions most frequently asked by people who have been involved in semi-truck accidents.
What is the new accident law in Florida?
The Florida Senate introduced SB 54 in 2021, eliminating the mandatory PIP requirements for auto insurance. The Senate is replacing the former PIP requirement with a new one that requires a minimum of $25,000 in bodily injury coverage and a minimum of $50,000 for two or more people in any one accident.
What is the 14-day accident law in Florida?
Florida Statute § 627.736 outlines how the state of Florida’s no-fault system works, including the fact that there is a mandatory 14-day period in which a car accident victim must seek medical care.
What is the statute of limitations for truck accidents in Florida?
In the state of Florida, the statute of limitations for truck accidents is 4 years, and the clock begins ticking the moment the accident happens. Failing to file your claim within this 4-year time span could result in your claim being automatically denied.
Who is at fault in an accident in Florida?
In Florida, a comparative fault state, both drivers’ insurance companies communicate to determine each driver’s fault level and seek to cover the cost of damages.
How long after an accident can you sue in Florida?
The statute of limitations for injury lawsuits is four years after the accident occurs, but if there is a wrongful death suit, the limit is two years.
List of Florida Truck Accident Lawyers Near You
If you or a loved one are a truck accident victim and you’re ready to file a claim, you can get a free case evaluation from an experienced Florida personal injury attorney. Florin|Roebig law firm offers free consultations for residents throughout the state of Florida, as well as in other states.
For every year since the inception of the honor in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by “US News and World Report” and “Best Lawyers in America.”
At Florin|Roebig, we offer you access to a team of capable, experienced personal injury attorneys including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Nollys R. Solarte, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
With over 30 years of experience, our law firm has successfully won over $1 billion in settlements from personal injury cases by providing our clients with high-quality legal representation.
A few areas in Florida served by our experienced semi-truck accident lawyers include:
- Tampa
- Orlando
- Miami
- West Palm Beach
- Fort Lauderdale
We Are Nationally Awarded Lawyers
Contact Florin|Roebig To File A Florida Truck Accident Claim Today
At Florin|Roebig, our top-rated personal injury lawyers can assist you through the often complicated claims process. It is important to hire a law firm that is knowledgeable and experienced with federal regulations and Florida truck accident laws.
When you are ready to start your Florida truck accident claim, contact the law offices of Florin|Roebig today to schedule a free case consultation and evaluation.
