Florida Truck Accident Lawyer | The Nunez Law Firm (2022)

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Florida truck accident cases are extremely complex and require a detailed review of each case. An experienced attorney not only has to consider the circumstances of the tractor trailer crash but also has to know what Florida laws need to be used to handle the case. Typically, not only the driver is involved in the trucking organization but also commercial entities, authorities, and others. They are also responsible if Florida semitruck accidents occur. If you are involved in a truck accident or if you are the victim, it is important that you seek help from Florida truck accident attorneys at the right time so that you can properly handle your claim and receive compensation from your insurers and others.

Florida Truck Accident Attorneys

Choosing good and trusted truck accident attorneys is an important and at the same time personal decision for the person involved in the accident. You need to find a lawyer who understands the details of the accident, is involved in determining the culpability of each person involved in the truck accident case, and can help you develop the right course of action. When you choose our Florida truck accident lawyers for your case, you get the maximum benefits and the chance to win.

So how can you choose a good truck accident lawyer? To do so, pay attention to the following professional abilities of the attorney:

  • Whether the lawyer you’ve chosen has experience representing victims of truck accidents (particularly in Florida).
  • Whether the semitruck crash attorneys you choose are ideal negotiators with all the parties involved in the truck crash.
  • Whether your chosen attorney has the free time to go into detail about the circumstances of the accident involving a semitruck, tractor trailer, or other type of commercial vehicle.
  • Whether your chosen semitruck crash attorneys know how contingency fee algorithms are applied in practice.
  • Whether the law firm has the necessary resources to handle a comprehensive truck accident case study in Florida.

Our company is committed to ensuring that each of our trucking accident attorneys meets the above points. When you choose our Florida truck accident lawyers, you can be sure of a fair trial and fair compensation for you. You can take your first free consultation to be sure.

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Common Causes of Trucking Accidents

The Traffic Chronicle tells us about how Florida truck accidents happen. Trucks are complicated and require a great deal of care on the part of the driver. Police classify the causes of truck accident cases as follows:

  1. A “Folding Knife” Type of Accident: If we look at the tractor trailer, the 18-wheeler has an extra semitruck. While the machine is moving, the clutch can fail unexpectedly. This causes the trailer to sway and there is a chance of it locking perpendicular to the machine. As a result, a shape called a “folding knife” forms that in turn leads to a collision with other vehicles and, as a consequence, car drivers and passengers can be injured.
  2. Unmanaged Tractor Trailer: For some reason, the driver is unable to stop the vehicle (including commercial vehicles). This in turn sets a dangerous precedent, as the machine is uncontrolled. The consequences of a tractor-trailer crash will depend on what the initial speed of the Florida truck was. The higher the speed, the harder it is to stop the machine and the higher the probability of an accident with severe consequences.
  3. The Overturning of the Truck: Based on its physical data, the semitruck has a high center of gravity. When driving at high speeds on curves and at intersections, the Florida truck can easily roll over. This can lead to a collision with the oncoming traffic. Also, strong wind, sudden maneuvers, and other things can be causes of a rollover.
  4. A Rear-End Collision Between a Truck and a Passenger Car: The rear view is known to be a problematic area of a vehicle (including commercial vehicles). The operator of the car cannot always see who is driving behind him. This especially concerns cars. Often, there were recorded situations when Florida truck accidents happened because of the sudden braking of the truck that resulted in the passenger car being pulled under the wheels of this tractor-trailer.
  5. Tipping Over Cargo: Florida semitruck accidents have been recorded that are not related to the technical condition of the vehicle or the roadway. Some accidents are caused by a driver who has not secured the load, sometimes resulting in tragic consequences for other road users.

Analyzing Florida semitruck accidents, traffic police note that the most common causes that lead to Florida truck damage are the following situations:

  1. Distracted Driving: The operator of the semitruck is distracted by talking on a cell phone, texting, etc.
  2. Driver Fatigue: Most often, the situation is recorded when the driver is behind the wheel more than the prescribed time, which causes fatigue, and thus he is not able to manage the vehicle objectively.
  3. Driving Under the Influence of Alcohol and Drugs: Driving done by an operator whose blood alcohol concentration is BAC 0.08% is found to be potentially dangerous. In some cases, a driver’s BAC concentration of 0.04% will be dangerous.
  4. Exceeding the Speed Limit: An operator’s failure to comply with traffic rules, as well as ignoring the warning signs, can lead to a truck crash.
  5. Aggressive Driving: The driver is in a hurry to get home, ignores traffic rules, and breaks the speed limit.
  6. Improper Load Securing: This sign has nothing to do with the technical condition of the machine or the quality of the road surface. However, machine operators sometimes do not properly secure the load, which causes potentially dangerous tractor-trailer crash situations.

Each situation is handled in detail, and the involvement of experienced trucking accident attorneys will help not only to reconstruct the accident scene but also to obtain fair compensation and damages.

Under the laws of most states in the United States, the person who was negligent in causing the accident (including Florida truck accidents) has to pay for the cost of the car accident. But sometimes it happens that two or more road users are at fault in a car accident. In this case, the rule of comparative negligence applies. Florida truck accident lawyers can help you calculate fault correctly.

As an example, if you were in a car accident and you expect to be paid $120,000 in damages, you may be entitled to a total compensation of $120,000. The claimant’s expertise showed that you were at fault 25% of the time. That means your total compensation will be reduced by 25% to $90,000. However, if your fault is more than 50%, your compensation will be zero.

Both pure and comparative negligence can apply in the state of Florida. The system of calculations is quite complicated; our truck accident lawyers can help you figure it out.

Truck Accident FAQ

Professional lawyers can responsibly say that Florida truck accidents are very complicated because you need to consider a number of factors and know the nuances of state law. Get answers to common questions from an experienced truck accident attorney.

What Should I Do If I'm Involved in a Truck Accident?

The first step is to call 911 to report the circumstances of the accident. If help is needed for victims, tell the hotline operator. Wait for the police officer to arrive, get the details of the people involved in the accident, and contact a truck accident lawyer for an initial consultation, free of charge, about your next steps.

How Do Truck Accidents Differ From Car Accidents?

Truck accidents of this type have severe consequences for all involved. In addition, not only is eyewitness testimony considered in determining culpability but the data of the owner of the trucking company is also examined. A company investigation is conducted and company records are reviewed so that the degree of fault can be determined for the commercial entity that hired the driver as well. If necessary, you can always get help from our lawyers who will gather the necessary evidence for your case.

What Are My Legal Rights if I Am a Truck Driver Hurt in a Crash or on the Job?

If you were involved in an accident as a hired driver, the case will take into account what insurance documents are on the vehicle and what you personally have. The commercial organization that hired you must have an additional insurance policy required by state law. After the accident, you must provide the traffic police officer with all of your employer’s information. This is necessary so that claims can be filed later. If you are confused about what to do in an accident if you were at work, contact our semitruck crash attorneys for instructions on what to do next.

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How Do I File a Lawsuit for a Truck Accident?

Before you file a lawsuit, you need to gather the necessary evidence about the incident. In some cases, you will need to request an examination to determine the degree of culpability of each party. There are certain time limits that must be met when filing a lawsuit in court. Contact our truck crash attorneys who will prepare the necessary documents to file your claim in court.

How Long Do I Have to File a Truck Crash Lawsuit?

You have exactly four years to file your claim in court. The statute of limitations must be strictly adhered to or you risk ending up with nothing. We recommend that you do not delay in filing a lawsuit, because after a certain period of time, the relevance of the expert evaluation is lost. For example, twelve months after the accident the expertise passes the data into the archive and in some cases requires additional expert appraisal on the accident. Also, don’t forget that you have fourteen days from the time of the accident to see a doctor. If you have any additional questions about the timeline for filing a claim, contact our Florida truck accident attorneys for clarification.

How Much Is My Truck Accident Case Worth?

The cost of the case will depend on the compensation awarded by the court. For exact information on how much your case will cost, we recommend contacting a truck accident lawyer, who will tell you how your case will be calculated.

How Long Will it Take to Settle a Truck Accident Case?

Practice shows that if you handle your own case, you may not always get fair compensation. There have been cases where the injured party claimed compensation, for example, of $50,000 but with the help of truck crash attorneys were able to recover up to $1 million. It all depends on the circumstances of the case, and our lawyer will carefully examine the case and advise you on further actions.

Get a Free Consultation

Our support team is available 24 hours a day, 7 days a week, and an experienced attorney will give you a free initial consultation about your case. Contact us in the way that is convenient for you and get help from the technical support of the law firm.

Florida Truck Accident Lawyer | The Nunez Law Firm (1)

Written by Rafael NunezAttorneyPosted on January 12, 2022

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    FAQs

    How long do you have to sue after a car accident in Florida? ›

    Many wonder, How long after a car accident can you sue in Florida? Florida limits injury lawsuits to within four years after a car accident. If your loved one died in an accident, however, the law restricts suits to within two years of the death.

    What do truck accident lawyers do? ›

    A truck accident lawyer can identify the liable party or parties, collect evidence, interview eyewitnesses, negotiate with the insurance company, and take the case to trial if necessary, on your behalf.

    Do I need a lawyer after a car accident in Florida? ›

    It is critical to hire a lawyer for your car accident case as soon as possible. Florida requires that we file all car accident cases within four years from the date of the accident. Failing to meet this strict time limit can deem you ineligible for any compensation that you deserve.

    How do I find the right car accident lawyer? ›

    5 Things to Look for When Choosing a Car Accident Lawyer
    1. Clear Communication. A good lawyer will make it easy for you to understand what they will do to help you with your case. ...
    2. An engaged conversation. A good lawyer should be interested in your case. ...
    3. Willingness to provide references. ...
    4. An organized office space. ...
    5. Experience.

    Can you sue for pain and suffering in Florida? ›

    In a lawsuit, pain and suffering is a type of non-economic damages. Under Florida law, plaintiffs can seek damages for pain and suffering, as well as other non-economic damages. However, with Florida's no-fault system for auto accidents, it's important to understand when you can pursue these damages.

    How long does an insurance company have to settle a claim in Florida? ›

    For most Florida insurance claims, insurers must make a decision within a 90-day period. You should receive a notice that your claim was approved or denied within this timeframe, and if you don't, you should contact a Florida attorney who specializes in insurance disputes.

    What happens after a car accident not your fault in Florida? ›

    Florida is a no-fault state according to Florida Statute 627.7407, and this means that when you have suffered an injury as a result of a car accident, your mandatory no-fault coverage will automatically reimburse you for damages, regardless of who caused the accident.

    How soon should you get a lawyer after a car accident? ›

    While this time frame differs from insurance company to insurance company, it is typically around 24 hours from your car accident. This obligation to contact your insurance company is another reason why having a personal injury attorney that you trust is essential after a car accident.

    What should I do after an accident in Florida? ›

    Keep reading to learn what you should do right after a car crash in Florida!
    • A Quick Overview of the Sunshine State's No-Fault Law. ...
    • Dial 911 As Soon As You Get Into a Car Accident in Florida. ...
    • Call the Police to File an Accident Report. ...
    • Create a Detailed List of the Accident. ...
    • Gather Evidence and Witness Accounts.

    What is the meaning of personal injury lawyer? ›

    Personal Injury Lawyers are types of Litigators who provide legal advice and representation to clients who have sustained physical or psychological injury, as well as financial loss, after falling victim to the carelessness or negligence of an individual or organisation.

    How much is pain and suffering worth in Florida? ›

    Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

    How is pain and suffering calculated in Florida? ›

    To calculate pain and suffering, Florida juries can consider a variety of factors, including: The severity of your injuries. The limitations your injuries impose on your daily life. Past, current, and future suffering caused by the injury.

    How do you prove emotional distress in Florida? ›

    Under Florida law, to state a cause of action for intentional infliction of emotional distress, a complaint must allege four elements: (1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe.

    Do I pay deductible if not at fault Florida? ›

    Florida's No-Fault Accident System

    In no-fault states, you don't pay a deductible to cover the costs of your accident, but you might have to cover a percentage of the total cost. You may also have to seek additional forms of compensation if you reach your policy limit.

    How long can an auto claim stay open Florida? ›

    The statute of limitations for personal injury cases in Florida, including car accident cases, is four years. In other words, car accident victims have four years from the date the accident occurred to file a personal injury lawsuit against the at-fault driver.

    How long does an insurance company have to investigate a claim? ›

    Generally, the insurance company has about 30 days to investigate your auto insurance claim, though the number of days vary by state.

    Who pays for car damage in a no-fault state Florida? ›

    Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.

    How does car insurance work when you are not at fault in Florida? ›

    The “no-fault” law in Florida means that, in the event of a car accident, both parties turn to their auto insurance policies to make claims, regardless of who was at fault. To cover this, all Florida drivers must have Personal Injury Protection (PIP) insurance included in their car insurance policy.

    Who decides the dollar value of the damages of a crash Florida? ›

    Florida follows a "pure comparative fault" rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff's damages, and the percentage of fault that belongs to each party.

    What happens after a car accident not your fault State Farm? ›

    File a claim

    You can start the claim process immediately at the scene and add details when things are calmer. File a claim online, use our easy State Farm® mobile app, or call us at 800-SF-CLAIM (1-800-732-5246). Notify your insurance agent as soon as possible.

    What happens if you don't report an accident to your insurance? ›

    What happens if I fail to report an accident to my insurers? Failure to report an accident can lead to your policy being declared void by your insurers which could result in you being uninsured in respect of vehicle damage in the event of a later accident.

    Is it illegal to not give insurance details after an accident? ›

    If nobody has been injured as a result of the accident, there's no legal requirement to provide details of your car insurance, but it might speed up the claims process if you exchange insurance company details and policy numbers.

    What is an attorney vs lawyer? ›

    However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.

    What does personal injury law include? ›

    Personal injury law is also related to clinical negligence. Together they involve helping clients gain compensation for injuries suffered in accidents, at home or outside, and injuries inflicted on account of negligence by medical practitioners.

    Why is personal injury legal? ›

    Personal injury law is based on the idea, that if someone does you a wrong, the wrong they have done should be put right. Personal injury claims aim to put the right wrong by making the party who caused the accident and your injury, pay you compensation for the harm they have caused you.

    How long can you wait to sue someone in Florida? ›

    In Florida, you have generally have four (4) years to sue for compensation for negligence. However, there are exceptions. The 4 year time limit is found in Florida Statute 95.11(3)(a). A statute is a law.

    How long after a car accident can you claim for personal injury? ›

    Time limits

    The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.

    How long after a car accident can you file a claim? ›

    Currently insured? Most states give you two years to file a car insurance claim, but depending on where your accident happened, you may have from one to 10 years to file.

    How long after a car accident can you make a claim? ›

    Car accident claim time limit: Car accidents and road traffic accidents in general have a three-year limit from the date of the accident. If you were left incapacitated and unable to claim for some time after your accident, you would have a three-year limit from the date of recovery.

    What can I sue for in Florida? ›

    You can file a lawsuit for pain and suffering and other damages provided your injuries are permanent or cause significant and permanent loss of a bodily function. Lawsuits may also be brought in cases resulting in scarring and disfigurement or death.

    What is the statute of limitations for bodily injury in Florida? ›

    For Florida personal injury cases that are founded on negligence, the statute of limitations is 4 years. Auto accidents, premises liability and wrongful death cases all have a 4-year statute of limitations. Civil injury cases that are NOT based on negligence have a 2-year statute of limitations.

    What is the Sol in Florida? ›

    Florida SOL Laws, or statute of limitations laws, are laws that designate a time limit in which legal action can be taken in response to an unlawful situation of wrongful conduct. Statute of limitations laws apply to lesser charges, and are not applicable in certain cases of more serious crimes.

    What happens if I lose my personal injury claim? ›

    If you lose your case for personal injury, you obviously won't get any compensation no matter how badly you were injured. If a case is lost, it is because the person you are claiming compensation from has been found not liable for the accident or your injuries. This means that they don't have to pay you any damages.

    What are the two types of personal injuries? ›

    There are two main types of personal injury compensation damages: compensatory damages and punitive damages.

    How many personal injury claims go to court? ›

    When people hear that their personal injury case is “going to court” it can often be a scary thought. But in actual fact only around 5% of personal injury cases end up in court. Most are settled out of court. If you were told that your case is going to court, it can often simply mean that your case is in progress.

    How long does an insurance company have to investigate a claim? ›

    Generally, the insurance company has about 30 days to investigate your auto insurance claim, though the number of days vary by state.

    What happens if you don't report an accident to your insurance? ›

    What happens if I fail to report an accident to my insurers? Failure to report an accident can lead to your policy being declared void by your insurers which could result in you being uninsured in respect of vehicle damage in the event of a later accident.

    How long do you have to report a car accident to your insurance in Florida? ›

    Home » Frequently Asked Questions » How Long Do You Have to Report a Car Accident in Florida? You have 10 days to report a car accident in Florida. In most cases, the drivers involved call police from the scene of the accident, and the responding officers file a report.

    Should I claim on my car insurance if not my fault? ›

    Yes. You need to declare all accidents that you're involved in, regardless of who or what was at fault. Almost every insurance provider will have a clause in their policy requiring you to declare any incidents you've been involved in while driving in the past 5 years.

    How much does insurance increase after a claim? ›

    If you have claimed on your car insurance, you can expect to pay 20% to 50% more for cover in the future. However, the amount varies depending on who is to blame for the claim, the severity and expense of the accident, and your overall driving record.

    Who is the third party in an accident claim? ›

    The term 'third party' refers to a person involved with a car insurance claim who is not you – (the holder of the policy or the driver). So this is usually the other driver involved in an accident.

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