Florida’s highways are busy with commercial trucks transporting goods across the state. While these vehicles play a critical role in the economy, they can also pose significant risks to motorists. Truck accidents often result in severe injuries and complex legal disputes due to the unique factors surrounding these incidents. This article explores liability and compensation in Florida truck accidents, focusing on how the state's Modified Comparative Negligence rule affects these claims.

The Impact of Truck Accidents in Florida

Florida is among the states with the highest number of truck accidents annually. As stated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), large trucks were involved in over 32,000 crashes statewide in 2022, leading to numerous injuries and hundreds of lives lost. These collisions frequently involve:

• High impact forces: Trucks can weigh up to 80,000 pounds when fully loaded, causing severe damage to smaller vehicles.
• Unique accident causes: Driver fatigue, improper cargo loading, and mechanical failures are common contributing factors.
• Multivehicle crashes: Due to their size, trucks often impact multiple vehicles during a collision.

The emotional and financial burden of these incidents dictates a need for understanding liability and compensation avenues for victims.

Determining Liability in Florida Truck Accidents

Establishing liability in a truck accident is much more complex than in standard car accidents due to the multiple parties that may share fault. Some of the primary entities that could be held accountable include:

The Truck Driver

Drivers are frequently found liable for accidents caused by:

• Distracted driving (e.g., using cell phones).
• Fatigue from violating federal Hours of Service (HOS) regulations.
• Speeding or reckless driving.

The Trucking Company

Trucking companies may bear responsibility if they:

• Fail to maintain vehicles adequately.
• Overload cargo or improperly secure it.
• Push drivers to meet unrealistic delivery schedules, encouraging unsafe driving behaviors.

Vehicle Manufacturers

If a mechanical defect, such as faulty brakes or tires, contributes to the crash, the vehicle or parts manufacturer could be held liable.

Cargo Loaders

Third-party cargo companies might be liable for accidents caused by unbalanced or improperly secured loads.

In many cases, liability is shared among multiple parties, making thorough investigations essential.

Florida’s Modified Comparative Negligence Rule

Florida follows a Modified Comparative Negligence system. Under this rule:

• A plaintiff is able to recover damages if they are less than 51% at fault for the accident.
• However, the compensation is going to be reduced by the plaintiff's percentage of fault.

For example, if a court determines a truck accident victim sustained $100,000 in damages but was 20% at fault, they would receive $80,000. Victims found 51% or more at fault cannot recover damages, which highlights the importance of strong legal representation in building a case.

Steps to Take After a Florida Truck Accident

To strengthen your liability claim and maximize compensation, it’s vital to act swiftly and strategically after a truck accident. Follow these steps:

• Call 911: Ensure police and emergency medical services are on the scene.
• Gather evidence: Take videos and photos of the scene, any damage to vehicles, and visible injuries.
• Exchange information: Obtain contact details from the truck driver and witnesses.
• Seek medical attention: Even if injuries seem not too serious, getting evaluated helps document injuries for your claim.
• Consult a lawyer: Truck accidents often involve navigating federal and state regulations, making legal expertise invaluable.

Compensation in Florida Truck Accident Claims

Victims of truck accidents may be eligible for various types of compensation, depending on the severity of their injuries and the impact on their lives. Compensation typically falls into two categories:

Economic Damages

These cover quantifiable financial losses, including:

• Medical expenses (past and future).
• Lost wages and diminished earning capacity.
• Vehicle repairs or replacement.

Non-Economic Damages

These address the intangible impact of the accident, such as:

• Pain and suffering.
• Emotional distress.
• Loss of enjoyment of life.

In rare cases involving egregious misconduct by the at-fault party, victims may also be awarded punitive damages to deter similar behavior.

How Florida’s No-Fault Insurance Affects Truck Accident Claims

Florida operates under a no-fault insurance system, requiring drivers to carry Personal Injury Protection (PIP) coverage. PIP pays for immediate medical expenses and lost wages, regardless of fault, up to the policy limits. However, truck accident victims can step outside the no-fault system and file a liability claim if their injuries meet the serious injury threshold, defined as:

• Permanent injury.
• Significant scarring or disfigurement.
• Death.

Filing a liability claim enables victims to pursue compensation beyond what PIP covers, particularly for non-economic damages.

Challenges in Truck Accident Claims

Truck accident claims often involve hurdles that demand careful navigation, such as:

• Federal regulations: The trucking industry is heavily regulated, with rules set by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern HOS, vehicle maintenance, and more, adding layers of complexity to legal cases.
• Multiple insurance policies: Trucks are often covered by multiple insurance policies, each with different limits and exclusions.
• Aggressive defense tactics: Trucking companies and their insurers frequently have robust legal teams to minimize payouts.

Conclusion

Truck accidents in Florida are life-altering events, and understanding liability and compensation is essential for victims seeking justice. Given the complexities involved—from shared liability to the Modified Comparative Negligence rule—working with an experienced attorney can make a significant difference. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida truck accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.