South Florida Injury Lawyer Blog
Commercial trucks are big vehicles. When they cause accidents here in Florida, they are usually serious with significant damage to the people in the other vehicles. The difference between an accident with another car and an accident with a large truck, such as a construction vehicle or a tractor-trailer full of products, is that trucks are usually connected to big companies with big insurance companies behind them. And those companies are experts in limiting or avoiding compensation to injured parties. If you are involved in a truck accident, you will not get the fair compensation you deserve without an experienced personal injury lawyer.
As a lifelong Florida resident and personal injury lawyer, I’ve represented many injured parties who were hurt by a truck. Trucks cannot stop or accelerate as quickly as automobiles; they can’t take tight turns and they swing wide; they sometimes drive over the yellow dividing line in the road; they often go through yellow or red lights, simply because it is easier than stopping a huge load; and frankly, some truck drivers (not all, but some) act like they own the road. Any one of these factors can cause an accident that seriously injures drivers and passengers in smaller, lighter vehicles.
Building your case
Accident cases are always complex, but a truck accident can be even more complex than vehicular accidents, because you will have additional complications, such as dealing with a company and all its red tape and dealing with a business insurance company.
If the accident happened in a construction zone or a road work zone, there will be even more pieces of the puzzle, including dealing with the government or with contractors, considering what safety steps were or were not taken, and researching anything that might have contributed to the accident and your injuries.
Florida law requires that the plaintiff in a personal injury case prove:
- The person or business who caused your injury owed you a duty of care
- The person or business was negligent in that duty
- You suffered injury or damage that was caused by the breach of duty
- The injury or damage can be demonstrated legally
Certainly, any driver of a vehicle owes his passengers and every other person on the road a “duty of care.” The challenge your attorney will have is to prove that the truck driver was negligent in that duty. Your lawyer will also need to demonstrate that you sustained injuries and that the injuries were caused by the accident.
When I take on a case, I leave no stone unturned, investigating every aspect of the accident to determine who the responsible party or parties are and what acts of negligence caused the accident – and I often find multiple acts of negligence, which will make your case stronger. I treat my clients with the same diligence and resolve as I would if my friend or loved one had been injured.
I know the strategies that big insurance companies use to avoid payouts. I come prepared with a counter-offensive and ready to take them to court if they won’t negotiate in good faith. Jurors are usually sympathetic to accident victims, and I have a track record of winning large cash awards. Most Florida insurance companies know this and are willing to offer my clients fair settlements when I am at the negotiating table.
Determining fault in a truck accident
You may be concerned about suing for injury if you believe the accident was partly your fault. This is not uncommon, since drivers sometimes forget the limitations of big trucks and expect them to respond like cars do on the road. When a truck accident occurs, a driver sometimes blames himself.
Even if the accident may have been partly your fault, Florida follows a “modified comparative negligence” system, which means the fault is distributed between parties, and compensation is adjusted based on this. If a jury finds the other party to be 50% responsible or more, you would receive that percentage of any award. For instance, if the jury returns a $1,000,000 award, and the other party was determined to be 50% responsible for the accident, you will be awarded $500,000. If the other party was determined to be 60% responsible for the same accident, your award would be $600,000.
Insurance companies and big businesses can afford to hire teams of lawyers; you need someone who will fight for you. I specialize in personal injury cases because I believe in justice, “fighting for the little guy,” and balancing the playing field. I have a track record of winning significant awards for my clients. Contact me at (954) 448-7288, 24/7 for a free consultation to see how I can help you.