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When Should You Get a Lawyer for a Truck Accident?

October 14, 2023 Legal Team
blind lady justice with caption: Truck Accidents in Florida: Your Recovery and Legal Options Explained

Florida’s no-fault insurance laws require traffic accident victims to file injury claims against their own insurance companies, regardless of who was at fault. This law often streamlines the claim process so injury victims recover compensation for property damage and personal injuries quickly and without litigation. However, Florida’s minimum Personal Injury Protection (PIP) insurance requirement only provides $10,000 in personal injury medical coverage and $5,000 in death benefits. Only when an individual suffers catastrophic injuries or greatly exceeds the $10,000 in PIP benefits does the law allow them to file a claim against the at-fault driver. Sadly, truck accident victims in Florida all too often suffer very serious or catastrophic injuries.

Commercial trucks are large and unwieldy, with a size and weight that gives them the advantage in an accident with a typical passenger car. If you’ve been injured in a commercial truck accident in Florida, you might be wondering, “Should I get a lawyer for my truck accident claim?”

Understanding Liability in Florida Truck Accident Claims

Around 160,000 truck accidents occur in the U.S. each year. In 2022, Florida had the third-largest number of truck accidents in the country. Truck drivers commonly bear liability for truck accidents due to negligence. Driver fatigue, distracted driving, and mishandling of large, difficult-to-maneuver commercial trucks all commonly cause truck accidents. Depending on the cause of the accident, other negligent parties in a Florida truck accident could include a trucking company, a truck part manufacturer, a freight loading company, or a truck maintenance company. It often takes an experienced Florida truck accident lawyer to investigate the accident to identify the negligent party and gather evidence to prove liability. Proving liability requires demonstrating the following facts:

  • The at-fault party owed a duty of care to others on the road to take reasonable measures to prevent injuries
  • They breached this duty through negligence, recklessness, or intentional wrongdoing
  • Their breach of duty directly caused the injury
  • The injury victim suffered significant damages due to the injury

Once an attorney determines the liable party and documents evidence of their negligence they can craft a compelling case for compensation for your damages. Damages in accident claims include economic damages from expenses associated with the accident and non-economic damages like pain and suffering.

Common Injuries in Florida Truck Accidents

When a loaded commercial truck weighing an average of 18,000 pounds has an accident with a typical 4,000-pound private vehicle, the injuries to the driver and passengers in the smaller vehicle are often serious and life-altering. Common injuries in truck accidents include:

  • Traumatic brain injuries (TBI)
  • Back injuries
  • Neck injuries
  • Spinal cord damage
  • Broken bones
  • Burns
  • Internal injuries
  • Traumatic amputations

A Florida accident attorney with experience in truck accident claims will carefully calculate your damages, send a demand letter to the appropriate insurance company, and advocate aggressively for your compensation against powerful insurance companies.

Damages Available in Florida Truck Accident Claims

The catastrophic nature of truck accident injuries commonly far exceeds Florida’s PIP insurance coverage. A truck accident claim against the at-fault party often results in a settlement offer from the insurance company for damages including:

  • Past and future medical expenses
  • Reimbursement for lost income
  • Diminished earning capacity due to disability
  • Pain and suffering
  • Other non-economic damages like disfigurement, loss of limb, PTSD, and emotional trauma

Only in about 5% of cases does a truck accident claim require a lawsuit when an insurance company denies or undervalues a valid claim for damages.

Reach out to Shapiro | Delgado | Hofmann Today

No one should go it alone against powerful insurance companies. A skilled truck accident attorney from Shapiro | Delgado | Hofmann can be your essential ally when dealing with complex truck accident claims in Florida. They possess the expertise to navigate the state’s unique no-fault insurance laws and advocate on your behalf against powerful insurance companies. Contact our truck accident attorneys in Sarasota and Bradenton today by calling (941) 954-4000.