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Suing Trucking Companies After an Accident in Florida: Understanding Florida Trucking Company Lawsuits
Accidents involving large commercial trucks are among the most catastrophic on Florida’s roadways. The impact of a collision with a massive semi-truck, tractor-trailer, or other commercial vehicle can cause serious injuries or even fatalities. If you have been injured in a trucking accident, you may be wondering what steps to take next, especially if you are considering filing a lawsuit. Understanding Florida trucking company lawsuits is essential to navigating the complex process of seeking compensation for your injuries and losses.
At Paul | Knopf | Bigger, we are experienced in handling trucking accident cases and dedicated to protecting the rights of accident victims. In this article, we will walk you through the important aspects of filing a lawsuit against a trucking company in Florida, including the legal grounds, common causes of accidents, the process of litigation, and how our team can assist you in seeking justice. Contact us today at (800) 434-4327.
What You Need to Know About Florida Trucking Company Lawsuits
Truck accidents in Florida are unfortunately common, and many of these accidents occur due to negligence on the part of the trucking companies or their drivers. Under Florida law, trucking companies are held to strict safety standards. When these standards are violated, and an accident occurs as a result, the victim has the right to pursue a legal claim against the company.
Understanding Negligence in Florida Trucking Accidents
To file a lawsuit against a Florida trucking company, you must prove negligence. This means that the trucking company or its driver failed to act with reasonable care, leading to the accident. Common forms of negligence include:
- Driver Fatigue: Truck drivers are often under pressure to meet tight deadlines. This pressure can lead to driver fatigue, which impairs reaction time and judgment. When a tired driver causes an accident, the trucking company may be held liable if they failed to monitor the driver’s hours of service.
- Improper Maintenance: Commercial trucks must be regularly maintained to ensure they are safe to operate. If a trucking company fails to keep their trucks in good working condition, and an accident occurs because of mechanical failure, the company may be liable for damages.
- Reckless Driving: Speeding, tailgating, or other forms of aggressive driving by truck drivers can also result in accidents. Trucking companies have a duty to hire qualified drivers and ensure they adhere to traffic laws.
- Overloading: Trucking companies are legally required to ensure their vehicles are not overloaded. An overloaded truck can cause instability, leading to an increased risk of accidents. If an overloaded truck causes an accident, the company may be held accountable.
Key Steps in Filing a Florida Trucking Company Lawsuit
If you have been involved in an accident with a commercial truck, taking the appropriate legal steps is crucial. Here are the key steps to follow in filing a Florida trucking company lawsuit:
- Gather Evidence
Immediately after the accident, gather as much evidence as possible. This includes taking photos of the scene, obtaining witness statements, and recording the truck’s license plate number, company name, and other details. This evidence will be crucial in proving your case. - Seek Medical Attention
Even if you feel fine, it’s important to seek medical attention after a trucking accident. Some injuries may not show symptoms immediately, and having a doctor’s report linking your injuries to the accident will be vital in your case. - Consult an Experienced Attorney
Florida trucking company lawsuits are complex, requiring a deep understanding of both Florida law and federal regulations governing the trucking industry. An experienced Florida truck accident lawyer can help you navigate these complexities, investigate the accident thoroughly, and represent your best interests in court. - File a Claim
The next step in the process is to file a claim with the trucking company’s insurance provider. Trucking companies are required to carry commercial insurance, which typically has higher coverage limits than personal auto insurance. If the company’s insurance refuses to offer a fair settlement, your lawyer can take legal action and file a lawsuit in court. - Negotiate a Settlement or Go to Trial
In many cases, the trucking company will offer a settlement to avoid a trial. However, these settlements are often far below the compensation you deserve. A skilled attorney will help you evaluate any offers and negotiate for a fair amount. If a settlement cannot be reached, the case may proceed to trial, where your attorney will present your case before a judge and jury.
What Damages Can You Recover in a Florida Trucking Company Lawsuit?
If you are successful in your Florida trucking company lawsuit, you may be entitled to several types of damages, including:
- Medical Expenses: This includes the cost of emergency treatment, hospitalization, surgeries, physical therapy, and ongoing medical care related to your injuries.
- Lost Wages: If you are unable to work due to your injuries, you may be able to recover lost wages or income. This can include past and future lost earnings if your injuries will affect your ability to work long-term.
- Pain and Suffering: Non-economic damages, such as pain, suffering, emotional distress, and loss of enjoyment of life, are also recoverable in trucking accident cases.
- Property Damage: If your vehicle was damaged in the accident, you may be entitled to compensation for repair costs or replacement.
- Punitive Damages: In some cases, where the trucking company’s behavior was grossly negligent or intentional, punitive damages may be awarded to punish the company and deter future misconduct.
How Paul | Knopf | Bigger Can Help You with Your Florida Trucking Company Lawsuit
At Paul | Knopf | Bigger, we understand the devastating impact of a trucking accident on your life. With over 20 years of experience handling Florida trucking company lawsuits, we have the knowledge, resources, and commitment to fight for the compensation you deserve. Here’s how we can assist you:
- Thorough Investigation
We will thoroughly investigate the circumstances of the accident, gathering evidence, interviewing witnesses, and working with accident reconstruction experts to build a strong case. - Expert Negotiation
Our team is skilled in negotiating with insurance companies and their legal teams. We will work tirelessly to secure the maximum settlement possible without sacrificing your rights. - Aggressive Litigation
If the trucking company refuses to offer a fair settlement, we will take your case to trial and advocate aggressively on your behalf. - Compassionate Client Service
We understand the physical, emotional, and financial toll an accident can take on you. Our team will provide the support and guidance you need throughout the entire legal process.
Get Help Today – Complete Your Free Case Evaluation Form
If you or a loved one has been injured in an accident involving a trucking company, don’t wait to seek legal assistance. The sooner you take action, the better your chances of securing a favorable outcome. Complete the free case evaluation form on our website or call us at (800) 434-4327 to schedule a consultation with one of our experienced attorneys.
We are here to help you every step of the way.
Sources:
- Florida Department of Highway Safety and Motor Vehicles (FLHSMV)
This source provides detailed traffic crash statistics specific to Florida, including data on commercial vehicle accidents. It is a key resource for understanding the prevalence of large truck accidents in the state.
FLHSMV Traffic Crash Facts.
- Federal Motor Carrier Safety Administration (FMCSA)
The FMCSA offers national statistics and studies on large truck crashes, providing insight into the severity and frequency of trucking accidents across the U.S., including specific trends related to Florida.
FMCSA Trucking Safety Statistics.
- National Highway Traffic Safety Administration (NHTSA)
NHTSA provides detailed crash data, including reports on fatalities and injuries related to large truck accidents. Their data is crucial in understanding the broader trends of commercial vehicle accidents.
NHTSA Traffic Safety Facts sources offer a wealth of data and insights into the causes, frequency, and consequences of trucking accidents, which can help inform your understanding of Florida trucking company lawsuits.