Truck accidents are a serious issue; every year, many people are left dealing with their aftermath. In 2023, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 10,417 crashes involving large trucks in Florida. This shows just how dangerous these accidents can be, often leading to severe injuries that change lives forever.
If you’ve been in a truck accident, it’s important to know what your options are, especially if you decide to file a lawsuit. Truck accident claims are much more complicated than regular car accidents, and the legal process can be hard to understand. In this blog, we’ll break down everything you need to know about filing a truck accident lawsuit in Florida.
What Makes Truck Accident Claims Different and Complex?
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Multiple Parties Involved
In a standard car accident, the liability usually falls on one party—the driver. However, in truck accidents, things aren’t so simple. Liability can extend to multiple parties beyond just the truck driver. For example, trucking companies, vehicle manufacturers, and even maintenance service providers can all play a role in causing the accident.
Did the truck company push their driver to meet impossible deadlines, causing fatigue? Were the truck’s brakes malfunctioning due to poor maintenance? These are crucial questions that must be answered to determine liability. Because of these multiple factors, truck accident lawsuits often involve extensive investigations.
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Federal Regulations
The trucking industry is governed by a maze of federal regulations that don’t apply to regular car accidents. For example, the Federal Motor Carrier Safety Administration (FMCSA) enforces “hours-of-service” regulations that dictate how long truck drivers can be on the road before they must rest. If a driver was violating these rules when the accident occurred, it could significantly impact the lawsuit. These federal laws play a crucial role in determining fault and liability, and understanding them is key to winning your case.
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Severe Damages
Commercial trucks are enormous, often weighing as much as 80,000 pounds when fully loaded. That’s significantly more than a passenger vehicle! As a result, truck accidents tend to cause catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, and broken bones.
The damages in a truck accident lawsuit are typically much higher because of the severity of the injuries and the potential for long-term consequences. Truck accident victims often face extensive medical bills, lost wages, and ongoing rehabilitation costs, making a successful lawsuit crucial to their recovery.
More: Social Media and Personal Injury Claims: Online Posts Can Damage Your Case
5 Steps in Filing a Truck Accident Lawsuit in Florida
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Seek Immediate Medical Attention
The first step after any truck accident is to seek immediate medical attention. Even if you think your injuries are minor, getting checked out is important. Many injuries, such as internal bleeding or whiplash, don’t show symptoms right away. Getting medical attention protects your health and documents your injuries, which is critical when pursuing a truck accident lawsuit. Always keep a record of your medical visits, diagnoses, treatments, and bills, as this will serve as evidence in your case.
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Report the Accident
In Florida, all motor vehicle accidents must be reported to the authorities. You’ll need to call the police immediately to file an official accident report. This report serves as vital evidence when pursuing your claim. The police report will include essential details, such as the location of the accident, the parties involved, any citations issued, and statements from witnesses. This document can be one of the most important pieces of evidence in your truck accident lawsuit, so make sure the information is accurate and complete.
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Gather Evidence at the Scene
The more evidence you can collect at the accident scene, the better. Take photos of the vehicles involved, the road conditions, any visible damage, skid marks, or anything else that might be relevant. If there were any witnesses to the accident, gather their contact information. Documenting the scene as thoroughly as possible can provide invaluable evidence that strengthens your case. If you’re too injured to do this, ask a friend, family member, or someone nearby to help.
More: How to Document Evidence Needed for a Personal Injury Claim
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File a Claim with the Insurance Company
After gathering your evidence and seeking medical attention, you’ll need to file a claim with the insurance company. Truck accidents usually involve multiple insurance policies, including the truck driver’s policy and the trucking company’s policy. You should contact your insurance provider first, but you should also reach out to the other parties’ insurers. In some cases, you may need to deal with the insurance companies for the trucking company or maintenance providers. Remember that insurance companies may not always offer the full compensation you deserve, which is why the next step is so important.
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Consult with an Experienced Truck Accident Attorney
Truck accident lawsuits can be incredibly complicated, and having an experienced attorney by your side is key. With over 10 years of experience, RRBH Law has successfully handled numerous truck accident cases, helping victims get the compensation they deserve. We understand the intricacies of Florida’s truck accident laws and know how to navigate the often confusing maze of insurance claims, regulations, and legal procedures.
At RRBH Law, we believe in a personalized approach to every case. Our team is committed to understanding your unique situation and ensuring that you are treated with the respect and care you deserve during this difficult time. Whether it’s securing compensation for medical bills, lost wages, pain and suffering, or dealing with unfair settlements from insurance companies, we’re here to guide you through every step. If necessary, we’ll take your case to court and fight for the justice you deserve. Contact us today at 305-800-4663 to schedule a consultation.