Truck accidents, given the size and weight of semi-trucks and other large vehicles, often result in severe injuries, making them more dangerous than typical car accidents. With trucks frequently seen across Florida transporting goods or making deliveries, these accidents are much more common than many expect. If you’ve been injured in a truck accident, your immediate priority should be seeking medical care. Once your health is stabilized, it’s essential to evaluate your legal options. Beyond medical bills, you could face expenses for vehicle repairs or even replacement, making it important to understand all factors affecting your case. Consulting with an experienced Florida truck accident attorney is a critical component of the recovery process, as it can be challenging to determine fair compensation for medical expenses, lost wages, and other damages resulting from a truck accident.

At Brandon J. Broderick, Attorney at Law, we are committed to providing clear, reliable legal guidance. Our experienced personal injury lawyers work hard to secure the best possible outcome for you, so you can focus on recovering and being with your loved ones. When you hire a Florida truck accident attorney from Brandon J. Broderick, there is no upfront retainer fee—we work on a contingency basis, meaning we only get paid if we win your case. If you don’t file a claim, the insurance company’s settlement may not fully cover your expenses, leaving you with potential out-of-pocket costs. Contact us today for a free consultation and allow us to assist you in recovering during this difficult time.

Below we provide answers to some of the most common questions from individuals involved in truck accidents in Florida.

What can a lawyer do for you?

Passengers involved in an accident with a large truck can suffer catastrophic injuries, face substantial medical bills, and deal with financial uncertainty. No one anticipates being in an accident and needing to consider filing a lawsuit or personal injury claim. However, it’s important to understand your rights and plan for future needs when seeking to resolve or settle your case. Insurance companies often try to resolve matters by offering quick, low-cost settlements. Before entering any discussions, it’s important to consult with an experienced attorney. In addition to covering immediate medical expenses, you may be entitled to compensation for lost wages, ongoing care, and future treatments.

Experienced Negotiators and Trial Attorneys in Florida

Experienced negotiators and trial attorneys, like those at Brandon J. Broderick, Attorney at Law, are equipped to guide you through the complex insurance claims process following a truck accident. Determining liability can be difficult, but having a skilled attorney on your side can ease much of the burden. We will handle all communications with the other party’s insurance company to secure the compensation that you deserve. If the insurance company is unwilling to offer a fair settlement, we are fully prepared to take the case to court and receive a favorable outcome.

You’ve Suffered Enough. We Will Ensure That the Law Works for You

When you hire Brandon J. Broderick, you can focus on your recovery while we take care of the legal details. In this difficult time, we are committed to protecting your rights and standing by your side every step of the way. Contact us for a free consultation, and let us help turn this challenge into an opportunity for progress. Our proven record of success speaks for itself.

What Are the Leading Causes of Truck Accidents in Florida?

Truck accidents in Florida are a serious concern due to the high volume of commercial vehicles on the state’s highways. These accidents can result in severe injuries and fatalities, and understanding the causes is key to preventing them. Several factors contribute to truck accidents in Florida, many of which are avoidable with proper safety measures and regulation enforcement. Below are the leading causes of truck accidents in the state:

Driver Fatigue

Fatigue is one of the most common causes of truck accidents in Florida. Truck drivers are often required to meet tight delivery schedules, leading them to drive for long hours without adequate rest. Despite regulations limiting driving hours, some drivers may still push beyond safe limits, resulting in slower reaction times and poor judgment, which can lead to serious accidents.

Distracted Driving

With the increase in technology use, distracted driving has become a major issue among all drivers, including those operating large trucks. Distractions such as texting, using GPS devices, or even eating while driving can divert a truck driver’s attention from the road. Given the size and weight of trucks, even a momentary lapse in attention can result in devastating accidents.

Speeding and Reckless Driving

Speeding is a leading cause of truck accidents. Trucks require a longer distance to stop due to their size and weight, and speeding reduces a driver’s ability to react to sudden changes in traffic conditions. Reckless driving, including tailgating or aggressive maneuvers, also contributes to a significant number of truck accidents on Florida’s roadways.

Improperly Loaded Cargo

The way cargo is loaded onto a truck plays a significant role in maintaining the vehicle’s stability. Overloaded trucks or improperly secured cargo can cause the truck to become unbalanced, leading to rollovers or loss of control. In Florida, truck drivers and companies must adhere to strict cargo loading regulations to prevent such accidents.

Mechanical Failures

Mechanical issues, such as brake failures, tire blowouts, or steering malfunctions, are another leading cause of truck accidents. Poor maintenance or neglecting regular inspections can lead to mechanical failures on the road. In many cases, trucking companies are responsible for ensuring their vehicles are properly maintained and safe to operate.

Poor Weather Conditions

Florida’s weather, particularly during the rainy season, can create dangerous road conditions. Wet, slippery roads reduce traction and increase stopping distances, which can be especially hazardous for large trucks. Windy conditions or limited visibility during heavy rains also increase the likelihood of accidents.

Driving Under the Influence

Although commercial drivers are held to higher standards regarding alcohol and drug use, there are still instances where truck drivers operate under the influence. Impairment due to alcohol, drugs, or even certain prescription medications can slow reaction times and impair judgment, leading to accidents.

Inadequate Training

Operating a large commercial truck requires specific skills and knowledge. Inadequately trained drivers are more prone to making mistakes on the road, such as misjudging stopping distances, improperly handling turns, or failing to respond appropriately to hazardous conditions. Ensuring drivers receive proper training and certification is essential to reducing truck accidents.

If you have been involved in a truck accident in Florida and need assistance, please contact Brandon J. Broderick, Attorney at Law, as soon as possible. We are available around the clock to help you.

What Steps Should I Take Following a Truck Accident in Florida?

Knowing what to do immediately after a truck accident is critical to protecting your health, legal rights, and potential compensation. Here are the key steps to take following a truck accident in Florida:

1. Ensure Your Safety and Seek Medical Attention

The first and most important step after any accident is to prioritize your safety and the safety of others involved. If possible, move to a safe location away from traffic. Even if you don’t feel seriously injured, it’s vital to seek medical attention as soon as possible. Many injuries, such as whiplash or internal injuries, may not be immediately apparent but can worsen over time. Getting medical care not only ensures your well-being but also provides important documentation of your injuries.

2. Call 911 and Report the Accident

In Florida, you are legally required to report accidents that result in injury, death, or significant property damage. Call 911 to report the accident and request police assistance. The responding officers will create a detailed accident report, which will be critical when filing an insurance claim or personal injury lawsuit. Be sure to get the name and badge number of the responding officer, and request a copy of the accident report for your records.

3. Document the Scene

If it’s safe to do so, gather as much information as possible about the accident scene. Take photographs or videos of the damage to all vehicles involved, any skid marks, road conditions, and visible injuries. Document any nearby traffic signs, signals, or hazardous road conditions that may have contributed to the accident. This visual evidence can be valuable in proving fault and supporting your claim.

4. Exchange Information with the Other Driver(s)

It’s essential to exchange contact and insurance information with the truck driver and any other drivers involved in the accident. Get the driver’s name, phone number, license plate number, and insurance policy information. Additionally, ask for the name and contact information of the trucking company or employer, as they may also be liable in the accident.

5. Collect Witness Information

If there were any witnesses to the accident, ask for their contact information and a brief statement about what they saw. Witness testimony can play a key role in establishing liability and supporting your version of events. Be sure to document their names, phone numbers, and addresses.

6. Avoid Admitting Fault

When speaking to the other driver, the police, or witnesses, avoid making statements that could be interpreted as admitting fault. Even a simple apology can be used against you later in an insurance claim or lawsuit. Stick to the facts when discussing the accident, and let the investigation determine fault.

7. Notify Your Insurance Company

Contact your insurance company as soon as possible after the accident to report the incident. Provide them with all necessary details, including the police report number, but avoid giving a recorded statement or accepting any settlement offer without consulting an attorney. Insurance companies may try to minimize your compensation, and a premature settlement could leave you with out-of-pocket expenses.

8. Consult an Experienced Truck Accident Attorney

Truck accident cases can be very complex, often involving multiple parties, including the truck driver, the trucking company, and their insurance providers. To protect your rights and maximize your compensation, it’s important to consult an experienced Florida truck accident attorney. A lawyer can guide you through the claims process, handle negotiations with insurance companies, and ensure that you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages.

9. Keep Records of Your Medical Treatment and Expenses

After the accident, keep detailed records of all your medical treatment, including doctor visits, hospital stays, prescriptions, and rehabilitation. Also, document any other expenses related to the accident, such as car repairs, rental car costs, and lost wages due to missed work. This documentation will help your attorney calculate the full extent of your damages and build a strong case for compensation.

10. Follow Your Doctor’s Advice

To protect both your health and your legal claim, it’s important to follow your doctor’s treatment plan and attend all follow-up appointments. Failing to follow medical advice can give the opposing party grounds to argue that your injuries are not as severe as claimed or that you contributed to your own recovery delays.

How Is Fault Determined in a Florida Truck Accident?

Determining fault in a Florida truck accident can be a complex process involving multiple parties, regulations, and evidence. Truck accidents often involve serious injuries and significant property damage, making the question of liability critical to securing fair compensation. Florida’s legal system requires a thorough investigation to establish who is responsible for the accident. Here’s how fault is determined in truck accident cases in the state:

Investigating the Cause of the Accident

A comprehensive investigation is the first step in determining fault in a truck accident. This process typically involves law enforcement officers, insurance adjusters, and, in many cases, accident reconstruction experts. The key factors investigators focus on include:

  • Traffic camera footage
  • Police reports
  • Eyewitness accounts
  • Skid marks and debris at the scene
  • Black box data from the truck, which records the vehicle’s speed, braking, and other vital information

These pieces of evidence help investigators understand the sequence of events that led to the accident and whether any parties were negligent.

Determining Negligence

Florida follows a comparative negligence system, meaning that fault can be shared between multiple parties. In some cases, both the truck driver and another motorist may be partially responsible for the accident. Each party’s degree of fault is determined based on the evidence and will directly impact the compensation they are eligible to receive. For example, if you are found 20% at fault, your compensation may be reduced by that percentage.

The legal concept of negligence is central to determining fault in a truck accident. Negligence occurs when a party fails to act with the level of care that a reasonable person would exercise under similar circumstances. In the context of a truck accident, this can mean:

  • Truck driver negligence: This may include distracted driving, speeding, driving under the influence, or violating trucking regulations such as hours-of-service rules (which limit the number of hours a truck driver can operate a vehicle without rest).
  • Other motorist negligence: In some cases, the driver of another vehicle may be at fault for reckless driving, improper lane changes, or failing to obey traffic laws.
  • Third-party negligence: Liability may also fall on third parties, such as the trucking company, the truck manufacturer, or a maintenance provider, if mechanical failures or improper maintenance played a role in the accident.

Liability of the Trucking Company

In Florida, trucking companies can be held liable for accidents involving their trucks, even if the driver was the one directly responsible for the crash. This is due to a legal principle known as vicarious liability, which holds employers accountable for the actions of their employees while they are on the job.

Trucking companies may also be directly liable if they contributed to the accident through:

  • Negligent hiring practices: Hiring unqualified or inadequately trained drivers
  • Failure to maintain vehicles: Allowing trucks to operate with mechanical issues such as faulty brakes or worn tires
  • Violations of federal regulations: Failing to comply with Federal Motor Carrier Safety Administration (FMCSA) rules, including hours-of-service limits and weight restrictions

Truck Driver Violations of Federal and State Regulations

Commercial truck drivers in Florida must adhere to strict state and federal regulations designed to ensure safety. Violations of these regulations can be key evidence in determining fault. Common violations that can lead to truck accidents include:

  • Exceeding hours-of-service limits: Truck drivers are required to take breaks after a certain number of hours to prevent fatigue-related accidents.
  • Overloaded or improperly loaded cargo: Trucks that exceed weight limits or have improperly secured cargo can cause dangerous situations, such as rollovers or cargo spills.
  • Speeding or reckless driving: Operating a large truck at high speeds significantly increases the risk of accidents.

If the truck driver violated any of these rules, they and their employer could be found at fault for the accident.

Comparative Fault in Florida

Under Florida’s comparative fault system, the court or insurance adjuster assigns each party a percentage of fault. This system means that even if you share some responsibility for the accident, you can still recover damages, but your compensation will be reduced according to your level of fault. For example, if you are found 30% at fault and are awarded $100,000, you would receive $70,000.

Expert Testimony

In more complex truck accident cases, expert witnesses, such as accident reconstruction specialists or trucking industry experts, may be brought in to provide insight into the cause of the accident. These experts analyze the physical evidence, vehicle damage, and other data to help determine who is at fault.

What Types of Damages Can I Recover After a Truck Accident in Florida?

Truck accidents in Florida can lead to devastating injuries, significant property damage, and financial hardships. If you've been involved in a truck accident, you may be entitled to recover damages to compensate for your losses. The types of damages available in a truck accident case fall into two main categories: economic and non-economic damages. In some cases, punitive damages may also be awarded if the at-fault party acted with gross negligence or intentional misconduct.

Here’s a breakdown of the types of damages you can recover after a truck accident in Florida:

Economic Damages

Economic damages are meant to compensate for financial losses you’ve incurred as a result of the accident. These are tangible costs that can be calculated with relative certainty.

Medical Expenses: One of the most significant economic damages in truck accident cases includes current and future medical costs. This covers:

  • Emergency medical treatment
  • Hospital stays
  • Surgeries
  • Prescription medications
  • Physical therapy
  • Rehabilitation
  • Assistive devices (e.g., wheelchairs, crutches)
  • Future medical expenses for ongoing care

Lost Wages: If you were unable to work due to your injuries, you may recover compensation for lost income during your recovery period. This also includes:

  • Compensation for missed workdays
  • Loss of future earning capacity if your injuries prevent you from returning to work or performing the same job duties

Property Damage: Truck accidents often result in severe damage to vehicles and other personal property. You can seek compensation for vehicle repair or replacement costs, as well as any other personal property that was damaged in the accident.

Out-of-Pocket Expenses: This includes other accident-related costs such as transportation to medical appointments, home modifications, and in-home care or assistance.

Non-Economic Damages

Non-economic damages are meant to compensate for intangible losses, which can be more difficult to quantify but are equally important.

  • Pain and Suffering: This refers to the physical pain and emotional distress caused by the accident and the resulting injuries. Compensation is based on the severity of your injuries, the recovery time, and the impact on your daily life.
  • Emotional Distress: Truck accidents can have a lasting emotional impact, leading to anxiety, depression, or post-traumatic stress disorder (PTSD). Non-economic damages can cover the mental and emotional toll the accident has taken on your well-being.
  • Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities or hobbies you once participated in, you may be entitled to compensation for the diminished quality of life.
  • Loss of Consortium: In cases where the accident has impacted your relationship with your spouse, such as loss of companionship, affection, or intimacy, your spouse may be able to recover damages for loss of consortium.

Punitive Damages

Punitive damages are less common but may be awarded in cases where the at-fault party’s behavior was particularly reckless or egregious. These damages are meant to punish the wrongdoer and deter similar behavior in the future.

In Florida, punitive damages may be awarded if it is proven that the truck driver, trucking company, or another responsible party acted with gross negligence or willful misconduct. For example:

  • A truck driver operating under the influence of alcohol or drugs
  • A trucking company that knowingly violated safety regulations, such as hours-of-service rules or failing to maintain vehicles properly

Punitive damages are not related to your actual losses but are additional compensation to penalize the responsible party.

Wrongful Death Damages

In the unfortunate event that a truck accident leads to the death of a loved one, Florida’s Wrongful Death Act allows the surviving family members to recover damages. These damages can include:

  • Funeral and burial expenses
  • Loss of financial support the deceased would have provided
  • Loss of companionship, care, and protection
  • Emotional pain and suffering experienced by surviving family members

If you've been involved in a truck accident, working with an experienced attorney can help ensure you receive fair compensation for all of your losses, helping you move forward from this challenging experience.

What Is the Typical Settlement Amount for a Truck Accident in Florida?

The value of a truck accident case can vary widely, often ranging from tens of thousands to millions of dollars depending on several key factors. These factors include the severity of the injuries sustained, the amount of medical expenses, lost wages, and the impact on future earning capacity. Additionally, the degree of liability, the quality of legal representation, and the available insurance coverage are critical in determining the case's value.

Cases involving minor injuries and clear liability may settle for lower amounts, while cases with catastrophic injuries, multiple liable parties, or gross negligence can result in significantly higher settlements.

Consulting with an experienced truck accident attorney is essential for accurately assessing the potential value of your case based on its unique details. Brandon J. Broderick, Attorney at Law, has successfully handled numerous truck accident cases and offers free consultations to help you understand your legal options.

In Florida, legal weight and size limits for trucks are established to promote road safety and prevent excessive wear and tear on the state's infrastructure, such as bridges and highways. These regulations ensure that trucks operate within safe parameters, reducing the risk of accidents and roadway damage. The Florida Department of Transportation (FDOT) and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) regulate these limits. Truck drivers and companies must comply with these rules, or they risk fines, penalties, or even accidents that could lead to liability issues.

Truck weight limits in Florida are governed by both state and federal regulations. These limits are determined based on the type of truck, the number of axles, and the load distribution. In addition to weight, Florida also regulates the size of trucks, including their height, width, and length. These size limits ensure that trucks can safely navigate the state's roadways without posing risks to other drivers or damaging overpasses, bridges, and tunnels.

Trucks that exceed the legal weight or size limits must apply for special overweight or oversize permits through the Florida Department of Transportation. These permits allow the truck to travel on specific routes that can safely accommodate the extra size or weight. In some cases, additional safety precautions, such as pilot vehicles or restricted travel times, may be required for oversized loads.

Enforcement and Weigh Stations

To ensure compliance with weight limits, Florida operates numerous weigh stations along its major highways. Trucks are required to stop at these stations to verify their weight and load distribution. Failure to stop at a weigh station or an attempt to bypass one can result in fines and penalties.

In addition, law enforcement officers and FDOT officials regularly conduct roadside inspections to check for compliance with weight and size regulations. Trucks found to be in violation may be ticketed, forced to offload cargo, or issued citations that affect both the driver and the trucking company.

Florida Truck Accident Statistics

In recent years, Florida has seen a noticeable increase in truck-related accidents. In 2023, there were approximately 9,000 truck accidents across the state, continuing a trend of rising numbers in line with the national increase in commercial truck traffic. This upward trend reflects the growing demand for goods and the increase in trucks transporting cargo on Florida’s highways.

Fatalities and Injuries

Truck accidents tend to have more devastating outcomes than accidents involving only passenger vehicles. In 2023, over 400 fatalities were reported in Florida as a result of truck accidents, underscoring the deadly nature of these collisions. Additionally, more than 5,000 people suffered injuries in truck-related crashes, many of which were life-threatening or resulted in long-term disabilities.

How Our Florida Truck Accident Lawyers Can Support You

Truck accident victims may be eligible for a variety of compensatory damages, beyond just medical expenses. These additional forms of compensation can include:

  • Emotional suffering;
  • Lost wages and future earnings
  • Damages to your vehicle, including repair or replacement costs
  • Costs associated with the death of a loved one or friend
  • Expenses for hiring a caregiver
  • Mental health impacts or strains personal relationships, including those with your spouse or other relatives

As soon as you contact our firm, our legal team begins gathering all the necessary evidence to build your case. This evidence may include receipts, bills, expert reports, medical test results, employment records, and any relevant documentation detailing the accident's impact on your physical, mental, and emotional health.

At Brandon J. Broderick, Attorney at Law, we strive to achieve the best possible outcome for you as swiftly as possible. We understand the urgency of receiving compensation and will work diligently to expedite the process. While most cases are settled out of court, we prepare our clients for the possibility of a trial. If a court appearance becomes necessary, we will fight for the best possible result. Many insurance companies and opposing attorneys expect settlements outside of court, but you deserve the strongest defense and full compensation for your losses.

How Long Do I Have to File a Claim After a Truck Accident in Florida?

If you’ve been involved in a truck accident in Florida, it’s critical to understand the time limits for filing a lawsuit. These deadlines, known as the statute of limitations, dictate how long you have to take legal action after the accident. Filing within this timeframe is essential, as missing the deadline can prevent you from seeking compensation for your injuries and damages.

The Statute of Limitations for Truck Accidents in Florida

In Florida, the statute of limitations for personal injury lawsuits is two years from the date of the accident. This applies to most personal injury claims, including those arising from car or truck accidents. If you fail to file within this two-year window, your case could be dismissed, and you may lose the opportunity to recover compensation for your injuries. For example, if you were injured in a truck accident on April 15, 2024, you would have until April 15, 2026, to file a lawsuit. After that date, your right to sue would generally expire unless an exception applies.

For wrongful death claims, where a truck accident results in a fatality, the statute of limitations is also two years, but this window starts from the date of the victim’s death. This shorter timeframe requires the victim’s family to act quickly to preserve their right to seek compensation for their loss.

Contact Brandon J. Broderick, Attorney at Law, Anytime for a Free Consultation

At the Law Firm of Brandon J. Broderick, we understand that suffering injuries from a truck accident is an incredibly traumatic experience. You are likely dealing with pain, emotional distress, and financial worries all at once. During such a challenging time, it’s essential to have someone who truly cares about your well-being and is dedicated to helping you navigate the legal complexities. Our team of attorneys is here to offer you the empathy, support, and professional expertise needed to secure the compensation you deserve. We will stand by your side, easing the burden of legal proceedings, so you can focus on your recovery and your family and regain peace of mind.

We know that every accident and injury is unique, and so is every victim's journey to healing. At Brandon J. Broderick, Attorney at Law, we take the time to listen to your story, understand your needs, and tailor our approach to fit your specific situation. Our goal is not only to provide exceptional legal representation but also to offer compassionate guidance throughout the entire process. We are committed to fighting tirelessly on your behalf, ensuring that you receive the justice and financial support necessary to move forward. Let us stand by your side during this difficult time. Contact us today for a free legal consultation. We are available day or night to assist you.

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