How Are Truck Accident Cases Different from Car Accident Cases in Florida?
At first glance, a truck accident might look just like any other car crash. Both can leave people with painful injuries, unexpected bills, and many unanswered questions. But the truth is, truck accident claims are usually a lot more complicated than regular car accident cases. For starters, commercial trucks are much heavier and bigger than passenger cars. That size means crashes involving trucks often cause more severe injuries and greater financial losses. Additionally, truck accident cases involve complex state and federal regulations. Understanding these differences can help accident victims make informed decisions about protecting their rights.
Truck Accidents Usually Lead to More Serious Injuries
When a tractor-trailer weighing up to 80,000 pounds hits a regular car, the consequences can be severe. These accidents are more likely to cause severe injuries, permanent disabilities, and even fatalities.
Truck accident victims often face lengthy medical treatment, lost income, rehabilitation costs, and long-term physical and emotional challenges. As a result, truck accident claims usually involve significantly higher damages than typical car accident claims.
Liability Can Get Complicated
In regular car accidents, usually one or both drivers are at fault. Truck accident cases are often more complex since multiple parties may share the blame.
Depending on the circumstances, the driver might be responsible, but so could the trucking company, the people who loaded the cargo, a maintenance contractor, or even the truck’s manufacturer if a part of the truck failed.
Identifying every responsible party is an important step in pursuing full compensation.
Truckers and Truck Companies Must Follow Strict Rules
The commercial trucking industry is heavily regulated. Drivers and trucking companies must adhere to rules governing training, hours of service, truck maintenance, cargo loading, and more. These laws are set by the Federal Motor Carrier Safety Administration (FMCSA) and the state of Florida.
If a trucking company or driver ignores these safety rules, that evidence can play a huge role in proving negligence after a crash.
Evidence Can Be More Complex
Investigating a truck accident takes a lot more effort than a typical car crash. Important evidence in a truck accident case may include things like driver logbooks, electronic logging device (ELD) records, truck maintenance and inspection reports, “black box” data, employment files, and cargo paperwork.
Because some types of evidence may be lost or destroyed if not preserved quickly, prompt legal action is crucial.
Insurance Claims Are Often More Complex
Trucking companies generally carry much higher insurance policies. On one hand, that means more potential compensation for people who are seriously hurt. On the other hand, insurance companies usually push back hard and investigate aggressively to avoid big payouts.
Insurers might try to argue about who was at fault or look for reasons to deny the claim. You need strong evidence and a strong case to deal with these insurance companies.
Florida’s Comparative Negligence Rules Still Apply
Florida follows a modified comparative negligence rule even in personal injury cases. This rule applies even to truck accident cases. If you’re partly at fault for your accident, your compensation can be reduced by your share of the blame. And if you’re found more than 50% responsible, Florida law bars you from collecting any damages.
Disclaimer: This article provides general information only. It is not legal advice. Every accident is different, so it is best to speak to an attorney about your specific situation.
Contact Us for Legal Help
If you were injured in a Florida truck accident, contact our experienced Orlando truck accident attorneys at Orlando Accident Attorneys for legal help.