Delivery trucks, with their substantial size and weight, can cause devastating accidents that often lead to serious injuries and property damage. These factors, along with the involvement of multiple liable parties, frequently result in difficult insurance claims.
At The Schiller Kessler Group, our delivery truck accident lawyers in Fort Lauderdale bring over three decades of experience handling these cases. Liability in such accidents can extend beyond the driver to include employers, maintenance providers, or even manufacturers, requiring a detailed and strategic investigation.
Our experienced Fort Lauderdale truck accident lawyers can pursue compensation and accountability. Contact The Schiller Kessler Group today for a free consultation.
Challenges of Insurance Claims in Delivery Truck Accidents
Dealing with insurance claims after a delivery truck accident is rarely straightforward. Between the limited benefits provided by PIP, the involvement of multiple insurance policies, and the aggressive tactics of corporate insurers, victims face significant hurdles.
These legal challenges can make it difficult to recover compensation. Working with an experienced Fort Lauderdale personal injury lawyer can help level the playing field throughout the claims process.
Limited Coverage Under Florida’s PIP Insurance
Florida’s no-fault insurance laws require drivers to carry Personal Injury Protection (PIP) coverage, which provides benefits for medical expenses and lost wages regardless of fault. PIP can provide quick access to some compensation, but it only covers up to 80% of reasonable medical bills and 60% of lost wages, capped at $10,000 in most cases.
For serious injuries resulting from delivery truck accidents, these benefits are rarely sufficient to cover the full extent of medical treatment, rehabilitation, and other damages.
Multiple Layers of Insurance Coverage
Delivery truck accidents frequently involve multiple insurance policies, which can complicate the claims process. For example, the truck driver may have a personal auto insurance policy, and their employer likely carries a commercial liability policy. In some cases, there may be a third-party driver who shares liability, which brings another policy into play.
Determining which policy applies, how much coverage is available, and the percentage of each party’s liability can be challenging. Corporate insurers often attempt to shift responsibility or argue that their coverage does not apply.
Florida’s Modified Comparative Negligence Rule
Under Florida law, compensation in a personal injury case is reduced by the percentage of fault assigned to the injured party. For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%.
Using Florida’s modified comparative negligence law, insurers may attempt to assign more fault to the victim. This can significantly reduce the amount of compensation you receive or even prevent recovery if fault exceeds 50%.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
How Our Fort Lauderdale Delivery Truck Accident Lawyers Level the Playing Field
Insurance companies representing delivery truck drivers and their employers are often focused on minimizing payouts. These corporations have experienced adjusters and legal teams who may employ a range of tactics to protect their bottom line, including:
- Disputing the severity of injuries: Insurers may argue that your injuries are not as serious as claimed or were caused by something other than the accident.
- Delaying the claims process: Delays are a common tactic used to pressure victims into accepting lower settlements out of frustration or financial necessity.
- Lowball settlement offers: Insurers may offer a settlement that seems reasonable at first glance but falls far short of the actual costs of ongoing medical care or reduced earning capacity.
At The Schiller Kessler Group, our Fort Lauderdale delivery truck accident attorneys counter these strategies by thoroughly investigating your case, identifying all liable parties and insurance policies, and building a strong claim that reflects the true extent of your damages.
We may work with medical experts and accident reconstruction specialists to prove liability and document the long-term impact of your injuries.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Our Fort Lauderdale Delivery Truck Accident Lawyers Can File a Lawsuit
In Florida, victims of car accidents, including delivery truck accidents, must meet specific legal criteria to file a personal injury lawsuit beyond the limits of their PIP (Personal Injury Protection) coverage.
Under Florida Statutes § 627.737, victims must prove they sustained a serious or permanent injury, such as:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant scarring or disfigurement
- Death
Meeting this threshold allows you to seek compensation for damages beyond PIP, including pain and suffering, emotional distress, and long-term medical expenses.
Meeting the Statute of Limitations
Florida law also places a time limit on filing personal injury lawsuits. According to Florida Statutes § 95.11(5)(a), accident victims generally have two years from the date of the accident to file a lawsuit. Failing to file within this timeframe can bar victims from recovering compensation, regardless of the strength of their case.
Our Fort Lauderdale Truck Accident Lawyers Work on Contingency
At The Schiller Kessler Group, we understand the financial strain that often follows a serious truck accident. Mounting medical bills, lost wages, and other expenses can leave you feeling overwhelmed.
Our Fort Lauderdale truck accident lawyers work on a contingency basis, so you pay nothing up front for our legal services. We only take a percentage of your potential compensation, such as a verdict or settlement.
Under a contingency arrangement, you can pursue justice and hold negligent parties accountable without worrying about out-of-pocket legal costs. Our firm covers the costs of investigating your case, hiring experts, and building a strong claim so that you can focus on your recovery. If we don’t win your case, you owe us nothing.
Call The Schiller Kessler Group for Help
A delivery truck accident can leave you dealing with serious injuries and complicated insurance claims. At The Schiller Kessler Group, our Fort Lauderdale delivery truck accident lawyers are committed to helping you secure the compensation you need to move forward.
We handle every aspect of your case, from investigating the accident to negotiating with insurers or filing a lawsuit under Florida law so that you can focus on your recovery.
With decades of experience, we provide the support and advocacy you deserve without any upfront costs. Contact The Schiller Kessler Group today for a free consultation.
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