How to Handle Car Accidents Involving Commercial Vehicles in Florida

In Florida, the highways and roads are constantly filled with a mix of vehicles, from small cars to large commercial trucks. With so many vehicles sharing the road, accidents are, unfortunately, a common occurrence. When these accidents involve commercial vehicles, the situation can become even more complicated. The sheer size and weight of commercial vehicles often result in more severe accidents compared to those involving only passenger cars. Additionally, the legal landscape surrounding commercial vehicle accidents is complex, making it crucial to understand how to handle such situations in Florida.

Understanding the Unique Challenges of Commercial Vehicle Accidents

Car accidents involving commercial vehicles present unique challenges that are not typically found in accidents involving only passenger vehicles. Commercial vehicles include large trucks, delivery vans, buses, and other vehicles used for business purposes. Due to their size and weight, these vehicles can cause significant damage and serious injuries when involved in accidents. The legal and financial implications are also more complex, as multiple parties may be involved. These parties can include the driver, the vehicle owner, the company that owns the cargo, and even the manufacturer of the vehicle or its parts.

One of the main challenges in these cases is determining liability. Unlike standard car accidents where the driver is usually the primary party held responsible, commercial vehicle accidents may involve multiple liable parties. For instance, if the accident was caused by a mechanical failure, the manufacturer or maintenance company may be partially responsible. If the driver was fatigued, the company that set unreasonable schedules might share liability. The involvement of large corporations and their insurance companies further complicates the matter, as they often have teams of lawyers dedicated to minimizing their liability.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Steps to Take Immediately After a Commercial Vehicle Accident

The moments immediately following a car accident involving a commercial vehicle are critical. Safety should be the top priority, so if you are able to do so, check yourself and others for injuries and move to a safe location. If anyone is injured, call emergency services immediately. Even if injuries are not immediately apparent, it is essential to seek medical attention as some injuries may not manifest until hours or days later.

Once safety is ensured, documenting the scene is crucial. This includes taking photographs of the vehicles involved, any visible injuries, road conditions, and any other factors that may have contributed to the accident. These photographs can serve as vital evidence later on. Additionally, exchange contact and insurance information with the commercial vehicle driver. However, be cautious in your interactions, and avoid discussing the details of the accident with the other driver or their insurance company until you have consulted with an attorney.

It is also important to obtain a police report. In Florida, it is mandatory to report any accident involving injury, death, or significant property damage to the police. The responding officers will document the scene, interview witnesses, and create an official report that can be used in your case. This report will be a key piece of evidence in determining fault and negotiating with insurance companies.

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

Navigating Insurance Claims and Legal Complexities

The insurance process following a commercial vehicle accident can be daunting. Unlike accidents involving private vehicles, where you typically deal with one or two insurance companies, commercial vehicle accidents often involve multiple insurance policies. The commercial driver may have a personal auto policy, the company that owns the vehicle may have a commercial auto policy, and there may even be separate policies for the cargo or equipment being transported. This can create a complex web of claims, making it difficult to determine which policy is responsible for covering damages.

It is important to understand that insurance companies are primarily focused on minimizing their payouts. They may try to offer a quick settlement that is far less than what you are entitled to. Accepting such an offer could leave you with insufficient funds to cover medical bills, lost wages, and other expenses. This is why it is crucial to consult with an attorney before accepting any settlement offer. An attorney can review the terms, calculate the full extent of your damages, and negotiate on your behalf to ensure you receive fair compensation.

In addition to dealing with insurance companies, there may be legal complexities that arise in commercial vehicle accident cases. For instance, federal regulations govern many aspects of commercial trucking, including hours of service, vehicle maintenance, and driver qualifications. Violations of these regulations can be a factor in establishing liability. Additionally, there may be issues related to the employer-employee relationship, such as whether the driver was acting within the scope of their employment at the time of the accident. These factors can significantly impact the outcome of your case, making it essential to have a legal professional who understands the intricacies of commercial vehicle accidents.

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Filing a Lawsuit and Pursuing Compensation

If negotiations with insurance companies do not result in a fair settlement, it may be necessary to file a lawsuit. In Florida, you typically have four years from the date of the accident to file a personal injury lawsuit. However, if the accident resulted in death, the statute of limitations for a wrongful death lawsuit is two years. Filing a lawsuit can be a complex process that involves gathering evidence, filing the necessary paperwork, and presenting your case in court.

When filing a lawsuit, it is important to consider all potential damages. This includes not only medical expenses and lost wages but also pain and suffering, emotional distress, and any long-term effects of the accident. In some cases, punitive damages may also be awarded if the defendant’s conduct was particularly reckless or egregious. An attorney can help you assess the full extent of your damages and build a strong case to present in court.

It is also worth noting that Florida follows a comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20 percent at fault and your total damages are $100,000, you would receive $80,000. This makes it crucial to have an attorney who can effectively argue your case and minimize any potential reduction in your compensation.

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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The Importance of Legal Representation in Commercial Vehicle Accidents

Given the complexities involved in car accidents with commercial vehicles, having legal representation is essential. An attorney who is experienced in handling these types of cases can provide invaluable assistance throughout the entire process. This includes investigating the accident, identifying all liable parties, negotiating with insurance companies, and representing you in court if necessary. Without proper legal representation, you may find yourself at a significant disadvantage when dealing with large corporations and their legal teams.

In addition to navigating the legal and insurance complexities, an attorney can also help alleviate the stress and burden that often accompanies serious accidents. They can handle the paperwork, communicate with the insurance companies, and ensure that your rights are protected. This allows you to focus on your recovery and getting your life back on track.

Handling a car accident involving a commercial vehicle in Florida requires a comprehensive understanding of the legal landscape and a strategic approach to securing compensation. The intricacies of these cases, from determining liability to navigating insurance claims and filing lawsuits, make it imperative to have a legal professional on your side. Serrano Law is here to provide the guidance and representation you need during this challenging time. With our commitment to protecting your rights and ensuring you receive the compensation you deserve, Serrano Law will stand by you every step of the way. If you or a loved one has been involved in a car accident with a commercial vehicle, do not hesitate to reach out to Serrano Law for a consultation. Your path to justice starts with a single call.