Understanding Liability in Florida Truck Accidents

Florida, with its expansive highways and commerce, sees a significant amount of truck traffic. This increases the risk of truck accidents, which often result in severe injuries and substantial property damage due to the sheer size and weight of these vehicles. When such accidents occur, determining liability is a complex yet crucial process that can significantly impact the victims’ ability to recover compensation. Understanding the various facets of liability in Florida truck accidents is essential for victims seeking justice and for their legal representatives working tirelessly to secure fair outcomes.

Who May be Held Liable in a Truck Accident?

Truck accidents in Florida involve several potential parties, each of whom may bear responsibility depending on the circumstances of the incident. One primary party often scrutinized is the truck driver. Their actions and decisions leading up to the accident are critical in assessing liability. Factors such as driver fatigue, distraction, impairment, and adherence to traffic laws are meticulously examined. For instance, federal regulations mandate specific hours of service to prevent driver fatigue, and violations of these rules can establish liability. Similarly, evidence of texting while driving or operating under the influence of alcohol or drugs can directly implicate the driver in the causation of the accident.

In addition to the driver, the trucking company that employs the driver often comes under scrutiny. Trucking companies have a legal responsibility to ensure their drivers are adequately trained, qualified, and comply with all safety regulations. This includes conducting thorough background checks and regular evaluations of their drivers’ performance. If a trucking company fails in these duties, it may be held liable for accidents caused by its drivers. Furthermore, companies are also responsible for maintaining their fleet of trucks. Mechanical failures due to poor maintenance, such as brake failures or tire blowouts, can lead to devastating accidents. In such cases, the trucking company may be found liable for neglecting proper vehicle maintenance protocols.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Another crucial element in determining liability in truck accidents involves the manufacturers of the truck and its parts. Defective components, such as faulty brakes, steering mechanisms, or tires, can lead to catastrophic accidents. When an accident occurs due to a defect in the vehicle, the manufacturer of the truck or the specific defective part can be held accountable. This aspect of liability highlights the importance of thorough investigations and the role of product liability law in truck accident cases.

Cargo loading companies also play a pivotal role in the safety of truck operations. Improperly loaded or overloaded trucks can cause accidents due to shifting cargo or an imbalance that affects the truck’s handling. When a truck accident is linked to cargo issues, the company responsible for loading the truck may bear liability. Ensuring that cargo is secured correctly and does not exceed weight limits is vital for preventing accidents.

What is Comparative Negligence?

In Florida, the principle of comparative negligence is applied in determining liability for truck accidents. This means that fault can be distributed among multiple parties, and each party’s liability is proportional to their degree of fault. For example, if a truck driver is found to be 70% at fault for an accident and the victim 30% at fault, the compensation awarded to the victim will be reduced by their percentage of fault. This principle underscores the importance of a thorough and precise investigation to accurately assign fault.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Role of Insurance Companies

Insurance companies also play a significant role in the aftermath of truck accidents. Trucking companies and their insurers often have substantial resources and legal teams to minimize their liability and payout amounts. Navigating the complexities of insurance claims and negotiations requires a deep understanding of the law and a strategic approach to ensure victims receive fair compensation. Victims of truck accidents should be aware that initial settlement offers from insurance companies may not fully cover their losses, and seeking legal counsel can help in obtaining a more just outcome.

Determining Liability

The process of determining liability in truck accidents involves various steps, starting with a comprehensive investigation. This investigation typically includes examining the accident scene, reviewing police reports, collecting witness statements, and analyzing data from the truck’s black box or electronic logging device. These devices record crucial information such as the truck’s speed, braking patterns, and hours of operation, which can provide valuable insights into the cause of the accident. Additionally, testimony from accident reconstruction specialists can be instrumental in piecing together the events leading to the crash and establishing liability.

Legal proceedings in truck accident cases can be lengthy and complex, often involving multiple defendants and extensive discovery processes. Discovery is a phase where both parties exchange information and gather evidence to build their cases. This phase is critical for uncovering details that can establish liability, such as maintenance records, driver logs, and internal communications within the trucking company. Depositions, where witnesses and involved parties are questioned under oath, also play a crucial role in uncovering the truth and building a strong case.

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The Continued Impact

Victims of truck accidents must also consider the long-term impacts of their injuries and damages when pursuing compensation. Truck accidents often result in severe injuries, including traumatic brain injuries, spinal cord injuries, and multiple fractures. These injuries can lead to substantial medical expenses, ongoing rehabilitation costs, lost wages, and diminished quality of life. Calculating the full extent of these damages and presenting them effectively in a legal context is essential for securing adequate compensation. This process often requires collaboration with medical professionals, economists, and vocational specialists to provide a comprehensive assessment of the victim’s needs and future financial requirements.

The Statute of Limitations

In Florida, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. However, truck accident cases can involve additional complexities that may impact this timeframe. For instance, if a government entity is involved, such as a municipal truck or road maintenance issue, different rules and shorter deadlines may apply. It is crucial for victims to seek legal advice promptly to ensure their rights are protected and to navigate the specific requirements of their case.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Advocating for You

Determining liability in Florida truck accidents is a multifaceted process that involves examining the actions of the truck driver, the trucking company, manufacturers, and other potential parties. The principle of comparative negligence, thorough investigations, and a deep understanding of the law are critical in securing fair outcomes for victims. The aftermath of a truck accident can be overwhelming, with significant physical, emotional, and financial burdens. Seeking professional legal assistance is essential to navigate these challenges and to ensure that victims receive the compensation they deserve.

If you or a loved one has been involved in a truck accident in Florida, Serrano Law is here to help. Our dedicated team understands the complexities of truck accident cases and is committed to fighting for your rights. Contact us today for a consultation, and let us help you on the path to recovery and justice.