As with any vehicle on the road, truck accidents in Florida can occur at any time for a host of reasons.
Semi-trucks and tractor-trailers can cause significant damage to property and motorists in a trucking accident. Because of the extent of the damage and injuries involved in large truck accidents, filing legal claims can be complicated and burdensome.
If you or a loved one were involved in a semi-truck accident, you can hire a truck accident attorney, such as those at the law firm of Florin|Roebig, to help you collect damages.
How Liability Works in Florida Truck Accident Cases
Liability in a truck crash can be complicated. This is not only because injuries are more likely to be severe, but also because there may be multiple parties involved who share the responsibility for your injuries.
To bring a truck accident claim in Florida, it’s important to identify every party that may have played a role in the crash. Assigning liability to the appropriate party can help you determine the amount of damages, or monetary compensation, you could receive in a truck accident case.
Who Are the Defendants in Florida Truck Accident Claims?
In some truck accident cases, the trucker is liable for the accident and should be named as the defendant. However, liability in a commercial truck accident could possibly extend beyond the driver.
Besides the truck driver, additional parties who could be held liable in a Florida truck accident include:
- The driver’s employer or client (the trucking company)
- The truck owner
- The truck manufacturer (especially if the crash was the result of a defective part)
- Third-party contractors or businesses responsible for the cargo
Ways Negligence Affects Florida Truck Accidents
Any driver on Florida’s roadways, including truck drivers, have a duty of care to protect the safety of others on the road. This means they must obey traffic laws, keep a proper lookout, and do whatever is in their reasonable power to avoid an accident.
Truck driver negligence occurs when truck drivers breach this duty of care, fail to protect other drivers on the road, and this failure causes an accident.
Truck drivers are held to high standards of liability put forth by the Federal Motor Carrier Safety Administration (FMCSA) and the Florida Highway Patrol Office of Commercial Vehicle Enforcement. This is because truck accidents have a high risk of property damage, serious injuries, and fatalities.
For these cases, you would file a claim against the at-fault party’s insurance company. Your lawyer can help you identify the potential negligent parties for your claim.
List Of The Top 3 Reasons For Commercial Truck Accidents In Florida
- Driving Overloaded – an overloaded semi-truck may have a blowout or brake failure on the roadway, triggering catastrophic mechanical failure.
- Commercial Truck Malfunctions – the biggest commercial truck malfunction is when the ELD can no longer record or retrieve recorded logs about the carrier.
- Distracted Truck Driving – truck driver dialing cell phone, eating, drinking, texting, or adjusting the radio
Types Of Truck Accidents In Florida
Motor vehicle accidents involving big rigs may include two or more vehicles, and how the trucking accident occurs can affect injuries, as well as the extent of damages.
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. Due to the height of commercial trucks, the semi-truck may actually drive over the back of the car, causing a car accident.
Underride Truck Accident
An underride accident is the opposite of an override accident. In this case, the driver of the smaller vehicle rear-ends the back of a tractor-trailer. The semi-truck may have stopped abruptly or improperly changed lanes.
Although many trucks have guards on the back of the trailer, the vehicle that hit the back of the truck may become stuck or wedged underneath.
Rollover Truck Accident
With tall trailers, big rigs can tip when drivers take turns at high speeds. High winds, other weather conditions, or driver error can also cause the truck to fall on its side.
This type of tractor-trailer accident can cause major blockades on roadways, cause chain-reaction crashes, and lead to severe damage to passenger vehicles.
Jackknife Truck Accident
On Florida expressways, a jackknife accident can be fatal. This type of commercial vehicle accident occurs when the tractor-trailer attachment comes loose or fails, causing the tractor-trailer to swing out perpendicular to the tractor, similar to a jackknife. Once jackknifed, the semi-truck can block the expressway or lead to car accidents.
Runaway Truck Accident
If a trucker loses the ability to stop or slow the vehicle, the weight of the truck can cause it to reach high speeds. The truck could hit anything in its path, from other vehicles to pedestrians and property. This is especially dangerous if the truck is traveling downhill.
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
Common Causes Of Truck Accidents In Florida
The FMCSA states the major elements that contribute to accidents involving large commercial trucks include drinking alcohol, speeding, and driver fatigue. However, crash investigators are hesitant to suggest one element caused the crash and frequently cite multiple factors.
Common causes of truck accidents in Florida include:
- Distracted driving: This could include texting while driving, messing with the radio, talking to vehicle passengers, etc.
- Improper loading of cargo: Failure to load cargo properly could be the responsibility of the trucker, the trucking company, or a third party.
- Aggressive driving behaviors: Speeding, tailgating, weaving in and out of traffic, or sideswipe attempts are all considered aggressive driving.
- Brake problems: Brake issues are dangerous for semi trucks, which is why regular maintenance is important.
- Prescription drug use: Opioids, benzodiazepines, amphetamines, and other prescription medications can be dangerous to take while operating a big rig.
- Traveling on an unfamiliar roadway: Lack of proper training or traveling on unknown roadways can contribute to a crash.
- Congestion or traffic flow problems: The more traffic in an area, the more likely crashes may become.
- Bad weather conditions: Wet or slippery roads, high winds, winter storms, and other dangerous weather conditions may cause drivers to lose control.
- Driver error: Drivers can make mistakes for any number of reasons, and sometimes this can have serious consequences.
The FMCSA states that trucking accidents can occur because of a critical reason associated with the driver. This can include falling asleep, suffering a heart attack or physical injury, making a poor decision, overreacting to something, or misjudging the speed of other vehicles.
What To Do After A Truck Accident In Florida
If you were involved in a truck accident, call for help immediately. Once you connect with a dispatcher, notify them of any injuries. Tell them if someone is trapped, hurt, or was thrown from their vehicle, as well as if there is any hazardous waste at the scene, like leaking fuel or a downed power line.
After calling 9-1-1, there are measures you can take to both ensure your safety and improve your case for filing a truck accident claim.
Do not Refuse Medical Care
Communicate all of your injuries with the paramedics and first responders at the scene. If they suggest you should be checked out at a hospital, do not refuse.
If you deny or delay medical treatment after an accident, insurance companies could reject your claim for medical expenses by suggesting your injuries weren’t caused by the accident.
Gather Information From the Truck Driver
It’s crucial to exchange information with the other driver. Truck drivers must meet certain driver qualifications and regulations in Florida, so ask for this information as well, or make sure it’s noted on their commercial driver’s license.
Try to collect the following information about the trucking operation:
- The cab’s license number
- Contact information of the cab owner (if different from the driver)
- The driver’s insurance information
- The name of the trucking company who hired or owns the truck
- Information regarding the cargo in the truck, if applicable
Collect Evidence From the Scene
Collecting evidence at the scene of the accident can be crucial to personal injury claims. Of course, if you were severely injured, this may not be possible.
If you can collect evidence, it helps to gather the following:
- Photographs of the accident, including the impact points of the truck and your vehicle
- Detailed notes or observations about the accident (note any admission of guilt by the truck driver)
- Gather statements from witnesses if possible
- Note the location of any traffic cameras at the scene
- Examine the scene the next day, collect further evidence, and take pictures of anything that may have been moved or tampered with
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
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- 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 A Lawyer Can Help Prove Your Florida Truck Injury Claim
If you hire a truck accident attorney in Florida to help you collect damages for your claim, they will likely try to prove negligence.
This means you and your attorney will need to find crucial information that proves negligence on the part of the truck driver or the trucking company.
A truck accident lawyer may try to uncover the following information to help prove negligence:
- Truck driver’s CDL license: Was it active or suspended?
- Criminal record of the truck driver: Do they have outstanding warrants or charges?
- Trucker’s driving record: Do they have a list of previous accidents?
- Hours of operation: Was the truck driver operating outside legal hours of service?
- Cargo considerations: Was the cargo load within the legal weight limits?
- Trucker’s physical state: The trucker may have had to submit a drug use test to show whether they were under the influence of drugs or alcohol
While some of this information may be available in a police report, the truck driver or company may not willingly give up this information, such as information from an electronic logging device (ELD), or data from a truck’s black box.
If you file an injury claim against the truck driver or another liable party, they’ll likely be represented by a lawyer. It’s crucial to hire a truck accident lawyer who can issue a subpoena to make the defendants hand over any evidence that could help your case.
Damages You Can List on a Truck Accident Claim in Florida
Vehicle accident-related damages are often paid out by insurance companies. These companies may submit low offers to avoid paying out significant fees to cover your injuries. However, because semi-truck accidents are likely to cause serious injuries, there could be millions of dollars at stake.
You’ll need a skilled and qualified personal injury lawyer to get insurance companies to pay out a fair value for your trucking accident case.
If you were involved in a truck accident that caused severe injuries, a Florida truck accident attorney could get the insurance company to compensate you for:
- Medical bills or expenses
- Future medical costs
- Permanent disability or disfigurement
- Lost wages and future lost income from an incapacity to work
- Wrongful death
Our Featured Case Results
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 team of top-rated personal injury lawyers can help guide you through the process of filing a legal claim after a truck accident. Our multi-state law firm is headquartered in Florida, and our team is knowledgeable and experienced with Florida truck accident law and federal regulations.
It can be difficult to know if you should move forward with a claim or lawsuit after an accident. That’s why our firm offers a free initial consultation to help you decide if pursuing legal action is in your best interest.
To learn more about truck accident lawsuits in Florida, or to start a free case evaluation for you or your loved one, contact the Florin|Roebig legal team today.
