Truck Accident Injuries in Florida

Commercial trucks account for less than 5% of highway vehicles but 12% of all traffic fatalities. More than half of the miles logged by trucks each year are on the highways at high speeds. In some busy corridors, including in Florida, every fourth vehicle is a truck. Sadly, Florida has one of the highest rates of truck accident fatalities in the nation. The vast majority of the deaths are not of the truck driver—they are, sadly, victims in other vehicles involved in the accident.

Because of the size and weight of trucks and the frequently higher speeds, injuries from truck accidents are often more severe than car accidents. Some common severe injuries include:

Broken bones and severed limbs
Spinal cord injuries
Severe concussion
Traumatic brain injury (TBI)
Chest/torso trauma
Organ damage
Internal bleeding and hemorrhage
Severe burns
Paralysis
Death

While PIP may cover up to $10,000 of medical expenses, care for severe injuries can be astronomically expensive and may go on for years.

If you’ve been severely injured in a truck accident in Florida, contact an experienced personal injury attorney who has expertise in truck accidents to help you get the compensation you deserve. As a lifelong Floridian and experienced personal injury attorney, I fight for justice for my fellow Floridians who have been injured due to someone else’s negligence.

Truck regulations and causes of accidents

Trucks and truck drivers have stiffer regulations than cars and car drivers in Florida. These include:

Size and weight limits on certain roads: This is why there are weigh stations along highways.
Drive-time limits: Federal hours-of-service laws restrict the number of hours a truck driver may drive without stopping to rest.
Alcohol limits: Truck drivers face even stricter blood alcohol concentration (BAC) limits. In Florida, the legal limit for commercial truck drivers is under 0.04, while for car drivers age 21 or older, the limit is 0.08. That’s 2-3 drinks for the average man (less for women), so any truck driver who has had more than one beer before driving could be over the legal limit.
Driver qualifications: Commercial truck drivers must pass a commercial driver’s license (CDL) test and regular health examinations to confirm that they are fit for the job.
Vehicular maintenance and inspections: Federal law requires that trucks follow a rigorous maintenance and inspection regimen to ensure they are fit for the road.

Given these strict requirements, the fault for an accident is often placed on the truck driver or the company. Reasons for an accident may include:

Distracted driving/speeding – Looking at a GPS using a cell phone, talking to other truckers, and eating while driving are common distractions. Speeding is not uncommon, as truckers often have deadlines to meet to get products to their destinations.
Driving under the influence – As stated, it doesn’t take much more than one beer to put a driver over the BAC limit.
Driving tired – Although there are rules requiring regular rest, not all truckers follow them. They have deadlines that must be met, and the more they deliver, potentially, the more they could get paid. Temptation is high to keep driving.
Inadequate training – If a company has not carefully vetted or trained its drivers, both the driver and the company could be liable for the accident.
Poor maintenance or faulty parts – The company is liable if a malfunction on the truck causes the accident. The driver may also be liable if he did not inform the company of issues that he may have suspected. If a vehicle part failed, the manufacturer may also be held liable.
Third-party negligence – If another vehicle caused the truck to react in a way that caused an accident, the driver of that vehicle may also be negligent. If the municipality failed in providing appropriate signage, left debris on the road, or failed to maintain the road’s surface, the municipality in charge may be liable. A contracted company doing road maintenance may be responsible for creating an obstacle on the road.

Who’s at fault in a truck accident?

As noted, the driver is not the only one who may be at fault in a commercial truck accident. The trucking company may have been negligent in its hiring, training, or maintenance. Auto parts manufacturers or designers may be at fault for a poor product. Third parties who may have actually created the situation that caused the accident may also be held liable.

As your personal injury attorney, our team will thoroughly investigate your accident to determine all negligent parties and their degree of responsibility, collect powerful evidence, and engage the help of experts in various fields, such as accident reconstruction and your particular medical conditions, to build an unassailable case that guarantees you the highest level of compensation for your injuries.

Don’t delay in reaching out to us after your accident. The statute of limitations in the state of Florida varies by type of incident. It was changed in 2023; therefore, those involved in vehicular accidents that occurred before March 24, 2023, still have four years to file a personal injury lawsuit, but if the accident occurred after that date, you only have two years to file. Product liability claims (such as faulty brakes that caused the accident) have a two-year limit to file. If there is a claim against the government (such as a local municipality whose negligence caused your injuries), the statute of limitations is 3 years.

Even if you believe you were partly at fault for the accident, do not hesitate to reach out. Florida follows a modified comparative fault law, which assigns each party a percentage of responsibility for the accident. This means you may still recover damages as long as you are not found to be more than 50% at fault. If you were partly responsible for the accident, as long as you were not more than 50% liable. For example, if you are determined to be 20% at fault for an accident and the other driver is 80% at fault, you could still receive 80% of the total damages awarded, while the other driver would not be eligible for compensation.

As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence. Contact me today, 24/7, at (954) 448-7288 to see how I can help you.