Truck accident claims can be challenging due to Florida’s no-fault insurance laws, the involvement of multiple potentially liable parties, and the severity of injuries. Hiring an attorney allows you to seek compensation and focus on your recovery.
At The Schiller Kessler Group, our truck accident lawyers in Hollywood bring over three decades of experience to help clients pursue fair compensation. Our Hollywood personal injury lawyer handles every aspect of the legal process, from addressing liability issues to dealing with insurance companies.
Call The Schiller Kessler Group today for a free initial consultation.
Who Is Liable for a Truck Accident?
Determining liability in a truck accident often involves identifying the parties responsible for causing or contributing to the collision. Liability may fall on one or multiple parties, depending on the circumstances.
A Hollywood truck accident attorney can investigate the truck driver, their employer, the trucking company, and any other potentially liable party to file a personal injury claim.
Truck Driver
In many cases, the commercial truck driver is primarily at fault for a collision. Their actions behind the wheel can directly lead to accidents through:
- Negligence: A truck driver can be liable if they engage in reckless behavior, such as driving while distracted, speeding, or operating the vehicle under the influence of drugs or alcohol.
- Lack of a commercial driver‘s license (CDL): Florida requires commercial truck drivers to have a valid CDL, which includes meeting vision standards and passing knowledge and skill tests. Drivers who fail to meet these requirements or drive without proper licensing may be held responsible.
- Hours of service violations: Truck drivers must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, which limit the number of hours they can drive without rest. Fatigue from exceeding these limits can result in serious accidents, making the driver liable.
Trucking Company
Trucking companies play a significant role in ensuring their drivers and vehicles meet safety standards. When they fail to meet these obligations, they can be held accountable for accidents.
- Employer liability: If the truck driver is an employee, the company may share liability for their actions under “vicarious liability.”
- Negligent hiring or training: Companies can be directly at fault if they hire unqualified drivers, fail to provide proper training, or neglect to enforce safety policies.
- Cargo securement violations: FMCSA cargo securement rules require cargo to be properly loaded and secured for transport. If a trucking company ignores these rules, unsecured cargo can shift during transit, causing rollovers or collisions.
Truck Manufacturer or Part Supplier
Defects in the truck or its components are another common cause of accidents. When faulty equipment is to blame, the manufacturer or supplier may be held liable.
Issues such as faulty brakes, defective tires, or malfunctioning steering systems can lead to a crash. Manufacturers or suppliers of these defective parts may be responsible for the resulting damages.
Maintenance Providers
Proper maintenance is essential for keeping trucks safe on the road. When third-party maintenance providers cut corners or fail to perform necessary repairs, accidents can occur.
Maintenance companies or mechanics may be liable if poor inspections or inadequate repairs cause a truck to malfunction and contribute to an accident.
Government Entities
Roadway conditions are another factor that can lead to truck accidents. In some cases, a government entity responsible for maintaining the road may be to blame.
Poorly maintained roads, missing or defective traffic signs, and improperly designed intersections can all contribute to accidents. If government negligence caused these hazards, the responsible agency might share liability.
Other Drivers
In some situations, other drivers on the road may contribute to or cause a truck accident. Reckless driving, such as cutting off a truck or failing to yield, can lead to collisions. In these cases, the other driver may be partially or fully liable for the accident.
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How Florida’s No-Fault Insurance Rules Affect Truck Accident Claims
Florida’s no-fault insurance laws also impact truck accident claims. These laws require drivers to file claims with their own insurer first, regardless of who caused the crash.
- Personal injury protection (PIP): Florida’s no-fault system requires drivers to carry PIP coverage, which may cover medical expenses, lost wages, and certain other costs up to $10,000.
- Exceeding PIP coverage: If your damages exceed your PIP limits or you suffer a serious injury, you may file a claim directly against the at-fault party to recover additional compensation.
- Serious injury threshold: Under Florida Statutes § 627.737, to pursue a lawsuit against the at-fault party, your injuries must meet Florida’s threshold for serious injuries, such as permanent impairment, significant disfigurement, or long-term disability.
Understanding who is liable for a truck accident and how no-fault insurance laws apply can be complicated. Our Hollywood catastrophic injury lawyer can identify the responsible parties and pursue the compensation you deserve after suffering severe injuries.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
How Much Time Do You Have to File a Truck Accident Lawsuit?
Florida has a two-year statute of limitations for personal injury lawsuits, per Florida Statutes § 95.11(5)(a). You have up to two years from the date of your trucking crash to seek damages from any at-fault parties. If you choose not to file a lawsuit within this window, you may not be eligible for damages at a later date.
You can request economic and non-economic compensation. Economic damages are awarded for quantifiable losses like medical bills and damage to your car. Non-economic damages are provided for pain and suffering.
Potential Damages Our Truck Accident Attorneys in Hollywood May Recover
Our Hollywood, FL, truck accident attorneys are committed to fighting for justice and securing the damages you deserve, including compensation for injuries, financial losses, and wrongful death.
Economic Damages
Economic damages cover the tangible financial losses caused by the accident. These damages are calculated based on receipts, bills, and expert evaluations, including:
- Medical expenses: Coverage for immediate medical needs, such as emergency care, surgeries, and hospital stays, as well as ongoing costs for rehabilitation, therapy, medications, and future medical treatments related to your injuries.
- Lost income: Compensation for wages lost while recovering, as well as income you may lose in the future if your injuries limit your ability to work or earn at the same capacity.
- Property damage: Reimbursement for the costs of repairing or replacing your vehicle and any personal property damaged in the accident.
Non-Economic Damages
Non-economic damages compensate you for the personal and emotional impact of the accident. Damages can include:
- Pain and suffering: Compensation for the physical pain and discomfort caused by the accident and resulting injuries.
- Loss of enjoyment of life: Recognition of how your quality of life has been diminished, including the inability to participate in activities, hobbies, or experiences you once enjoyed.
- Loss of consortium: Compensation for how the accident has affected your relationships with loved ones, particularly the loss of companionship, intimacy, or support from a spouse or family member.
Wrongful Death Damages
If you lost a loved one in a fatal truck accident, your family may be entitled to wrongful death damages to help ease the financial and emotional toll of their passing. These damages may include:
- Funeral and burial expenses
- Medical bills incurred before your loved one’s passing
- Loss of financial support and benefits the deceased would have provided
- Compensation for the emotional suffering and loss of companionship experienced by surviving family members
Wrongful death claims are designed to help grieving families find some measure of justice and financial stability after a tragic loss. Our Hollywood wrongful death lawyers are prepared to stand by your family and provide compassionate, personalized legal support.
Why You Need a Hollywood Truck Accident Lawyer
Truck accident cases require substantial evidence and a clear understanding of Florida’s negligence laws to secure compensation. An experienced truck accident attorney in Hollywood can build a case by demonstrating negligence and protecting you from insurance company tactics designed to undermine or invalidate your claim.
Proving Negligence
To recover damages in a truck accident case, you must prove that the at-fault party acted negligently. This involves demonstrating:
- Duty of Care: The at-fault party had a legal obligation to operate safely and avoid causing harm to others.
- Breach of duty: The party violated this obligation through careless or reckless actions, such as speeding, distracted driving, or failing to maintain the truck properly.
- Causation: This breach directly caused the truck accident and your resulting injuries.
- Damages: You suffered measurable losses, such as medical expenses, lost wages, pain and suffering, or permanent disability.
Proving all these elements can be challenging, especially when multiple parties (e.g., truck drivers, trucking companies, or manufacturers) may share responsibility. An experienced lawyer can gather evidence, consult with experts, and present a compelling case on your behalf.
Florida’s Modified Comparative Negligence Law
Florida’s new modified comparative negligence law can have a make-or-break impact on your ability to recover compensation. Under this law:
- You cannot recover damages if you are found to be more than 50% at fault for the accident.
- If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
For example:
- If you are 60% responsible for a truck accident, you are ineligible for any compensation.
- If you are found to be 20% at fault, you can recover 80% of the total damages awarded.
Insurance companies often try to shift more blame onto truck accident victims in attempts to dispute liability. A skilled trucking accident lawyer builds a case that demonstrates the other party’s negligence and protects your right to compensation.
What to Expect After You File a Trucking Crash Claim
If you think an insurance company will fulfill your truck crash claim promptly, think again. Insurance providers are focused on taking care of their bottom line, not paying out fair amounts. As such, an insurer may do everything it can to dispute your claim and avoid having to pay you damages.
Hiring a trucking collision attorney can give you leverage in insurance negotiations. Your lawyer can discuss your case with an insurance company on your behalf. This may help you boost your chances of getting a fair settlement offer.
Do not be surprised if an insurance provider or the at-fault party in your truck accident case contacts you after your crash, either. If this happens, do not speak about your case since anything you say may be used against you. Let your lawyer handle your communications, and they can help you negotiate a settlement or present your argument to a judge or jury.
Call The Schiller Kessler Group After a Truck Collision
The Schiller Kessler Group is committed to our clientele. We do not charge any legal fees unless we settle or win your case.
Our Hollywood trucking accident lawyers are here for you, whether your collision involves a commercial vehicle, multiple parties, or significant damages.
We are ready to help with your claim. Contact us today for a free consultation.
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