Florida Truck Accident Attorney
Florida ranks among the top five states in the nation for truck accidents. According to a recent poll, 76,180 individuals were injured in a truck accident in 2022. A significant number of commercial vehicle accidents involve a semi-truck. Given its size compared to other vehicles, it is little surprise that the occupants of the vehicles involved in the semi-truck collision often end up in dire situations. If you've been the victim of a truck accident and are seeking compensation, we can help.
Our truck accident attorney at Fenderson Law Firm understands that there are lots of reasons why a crash may have taken place. As soon as you partner with us, we'll begin collecting the evidence we need to establish fault and demonstrate that your injuries were caused by the negligence of another. Let us handle the legalities while you focus on your recovery.
Contact us today to schedule a free consultation so we can hear your story, and you can hear how we can help you seek the full compensation you deserve. From our Orlando and Jacksonville locations, we work with Floridians throughout the state.
Your Options Under Florida's No-Fault Insurance Laws
In Florida, the no-fault auto insurance system means that each driver's insurance policy is responsible for paying the initial medical bills and other expenses, regardless of who caused the accident. This system is designed to simplify and speed up the compensation process, allowing accident victims to receive immediate financial support for their recovery.
However, when it comes to truck accidents, the severity of injuries often surpasses the coverage limits provided by personal injury protection (PIP) insurance.
Given the catastrophic nature of many truck accidents, victims frequently need to seek compensation beyond what their no-fault insurance offers. This is where the concept of fault becomes critical. If you can prove that the truck driver or another party was negligent, you may be able to file a lawsuit or claim against the at-fault party to recover additional damages, such as lost wages, long-term medical care, pain and suffering, and more.
Our experienced auto accident attorney at Fenderson Law Firm knows how to navigate both Florida's no-fault insurance system and the broader personal injury laws to seek the full compensation you rightfully deserve. We are here to support you in every phase of the legal process, from dealing with insurance companies to taking your case to court if necessary
Different Parties Who Can Be Liable in a Truck Accident
At Fenderson Law Firm, our experienced truck accident attorney is adept at conducting thorough investigations to identify all parties who may be liable for your accident. This comprehensive approach allows us to pursue maximum compensation for your injuries and losses. Contact us today for a free consultation so we can get started.
Determining liability in a truck accident is often more complex than in typical passenger vehicle collisions due to the multiple parties involved in the trucking industry. Several entities can potentially be held accountable, depending on the specific circumstances of the accident:
Truck Driver
The truck driver is often the first party considered in determining liability. Driver negligence can include behaviors such as speeding, impaired driving, distracted driving, or failure to adhere to trucking regulations. If the driver was fatigued, especially while violating hours-of-service regulations, they might be held liable for the accident.
Trucking Company
The trucking company that employs the driver can also be held liable, particularly if they failed to maintain proper safety standards. This can include inadequate hiring practices, such as hiring unqualified drivers, or failing to provide adequate training and supervision. Additionally, if the company pressured the driver to meet unrealistic delivery schedules, contributing to fatigue or reckless driving, they could bear responsibility.
Truck Manufacturer
In some cases, the truck itself may have had manufacturing defects or mechanical failures that contributed to the accident. If defective parts or poor workmanship led to the crash, the manufacturer or the company responsible for truck maintenance could be accountable.
Cargo Loaders
Improperly loaded or secured cargo can cause a truck to become unstable, leading to accidents. If the cargo loaders did not follow proper loading procedures, they might be held responsible for any resulting collisions or damages.
Third-Party Contractors
Many trucking operations involve third-party contractors for various services, such as maintenance and logistics. If mishandling in these areas is found to have played a role in the crash, these contractors could also be named in a liability claim.
Other Drivers
In some cases, another vehicle's driver may have engaged in reckless or negligent behavior that indirectly caused the truck to crash. If this can be proven, that driver might share liability for the accident.
Compassionate Representation After a Serious Semi-Truck Collision
We understand how traumatic an accident can be, as well as how difficult it is for those involved to fight a lawsuit when they are still in poor health due to their injuries.
If you've lost a loved one in a truck accident, no amount of money can bring them back or make up for the void they've left. However, pursuing legal action can help hold those responsible accountable and provide you with much-needed financial relief during this difficult time.
Frequently Asked Questions
What if I Was Partially at Fault for My Accident?
Florida follows a legal doctrine known as "pure comparative negligence," which means that even if you are partially at fault for an accident, you may still be entitled to recover damages.
Under this system, the court assigns a percentage of fault to each party involved in the accident. Your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault and your total damages amount to $100,000, you would still be able to recover $70,000.
It's key to work with a seasoned auto accident attorney who can help minimize your assigned fault percentage and thus maximize your compensation. At Fenderson Law Firm, we know how to gather impactful evidence, consult expert witnesses, and build a compelling case that fully speaks to the damages you've endured.
Whether you were found partially responsible or not, our objective is to hold the negligent parties accountable and secure the justice you need.
Who Can File a Wrongful Death Claim in Florida?
In Florida, specific family members and dependents are legally eligible to file a wrongful death claim if their loved one has been tragically killed due to someone else's negligence, intentional actions, or wrongful conduct.
According to Florida Statutes Section 768.20, the personal representative of the deceased person's estate, often named in the will or appointed by the court if no will exists, typically files the claim. This representative acts on behalf of the deceased's estate and the surviving family members who may be entitled to compensation.
The eligible parties to receive compensation generally include:
The decedent's spouse: Widows or widowers often have the primary right to recovery for both their own suffering and the loss of companionship.
The decedent's children: Minor children, in particular, are entitled to receive damages for lost parental companionship, guidance, and mental pain and suffering. Adult children can also recover damages if there is no surviving spouse.
The decedent's parents: If the deceased was a minor child or, in some cases, an adult child, the parents can pursue damages for pain and suffering caused by the loss of their child.
Blood relatives and adopted siblings: If they were partly or wholly dependent on the deceased for support or services.
The damages recoverable in a wrongful death claim can cover a wide range of losses, including medical and funeral expenses, loss of earnings, loss of companionship, as well as mental pain and suffering for the surviving family members.
Our experienced truck accident attorney will handle every layer of your case and work tirelessly to secure the maximum compensation available. We believe that you shouldn't have to suffer any more than you already have due to someone else's negligence, and we are committed to fighting for your rights. Our team is here for you, every step of the way.
Statute of Limitations for Truck Accident Claims in Florida
It's important to note that time is of the essence when it comes to filing a truck accident claim in Florida. The state has a strict statute of limitations, which means there is a limited window of time for you to take legal action.
In most cases, the statute of limitations for truck accident claims is two years from the date of the accident. However, this timeline can vary depending on certain factors, such as whether the accident resulted in death (two years) or if a government entity was involved (three years).
To ensure you don't miss your opportunity to seek justice and compensation, it's crucial to consult an experienced attorney as soon as you can after a truck accident.
Truck Accident Attorney Serving Clients Across Florida
You might not think you're entitled to compensation, but it's always worth getting in touch to discuss your case to see what can be done. We have the experience and insights needed to fight for the financial settlement you need to get your life back on track.
Our truck accident law firm has locations in Orlando and Jacksonville, and we serve clients throughout North and Central Florida, including Pensacola, Tallahassee, Gainesville, Ocala, Panama City, Tampa, St. Petersburg, Clearwater, Lakeland, Deltona, Largo, and beyond. Call today to set up a free consultation.
