Greenacres Personal Injury Lawyer: Truck Accident Claims
Transport trailers are a significant concern for Floridians. These trucks, along with other commercial vehicles, are critical to our economy and deliver the goods we use every day. However, they are incredibly large and heavy, and when they are involved in an accident, the injuries are usually severe, and the property damage is extensive.
You can claim compensation after a commercial vehicle accident in Florida. However, the type of compensation you can claim, and the amount available, can vary depending on the circumstances of your case. Our Greenacres personal injury lawyer can help.
Who is Liable for Truck Accidents in Florida?
One of the most complex aspects of truck accidents in Florida is that there can be multiple liable, or at-fault, parties. Typically, a full investigation is required to determine liability and collect evidence to support your case. Potential liable parties in truck accident cases are as follows:
- Truck drivers: When determining liability after a truck accident, the driver is usually the first party to come to mind. Drivers of transport-trailers and other commercial vehicles are expected to drive in a reasonable manner that keeps everyone on the road safe. When they drive while fatigued, impaired, or distracted, or they violate traffic laws or otherwise act negligently, they can be held liable for paying damages for the crash.
- The driver’s employer: If a truck driver is an employee of the trucking company and not an independent contractor, the employer can often be held liable for a crash caused by one of their drivers. This also holds true for delivery drivers and drivers of other large vehicles, such as tow trucks and garbage trucks. Florida follows a legal concept known as vicarious liability, which means employers are responsible for the negligent actions of their employees while they are performing their employment duties. Trucking companies can also be held liable when they engage in negligent hiring or training, or when they encourage their drivers to violate the law, such as the hours of service rule.
- Shipping and freight company: Shipping and freight companies are often overlooked when discussing liability for truck accidents. These companies load the cargo onto trucks, and they play an important role. Cargo must be loaded properly onto a vehicle. If not, cargo can shift during transport or trucks may be overloaded, which can both cause the driver to lose control of the vehicle. When cargo is improperly loaded, these companies can be held liable.
- Manufacturers: If a defective truck or truck part caused the crash, the manufacturer can be held liable. Manufacturers are responsible for ensuring the products they manufacture are safe and free of defects.
- Government entities: If poor road conditions, such as inadequate signage, potholes, or unsafe road designs, caused or contributed to the crash, the government entity responsible for designing or maintaining the roadway can be held liable.
After any truck accident, it is critical to speak to a Greenacres personal injury lawyer who can determine who is to blame for your injuries and other losses.
Personal Injury Protection (PIP) Benefits After a Truck Accident
Florida is a no-fault state, and so, the first step in claiming compensation after a crash is to turn to your own insurance policy for personal injury protection (PIP) benefits. As the name suggests, these benefits are no-fault, meaning they are available even if you caused or contributed to the accident. However, there are limits to the coverage available.
After a truck accident, you will likely suffer severe injuries that require extensive medical treatment. PIP benefits only provide limited coverage for your medical expenses after a crash. Generally speaking, PIP only covers 80 percent of your medical bills up to the limit of $10,000. If your injuries are not considered an emergency medical condition, your medical benefits may be capped at $2,500. It is likely that your injuries will cost far more than this to treat now and possibly in the future.
You can also recover a portion of your lost income through PIP benefits. These, too, are limited. PIP will only cover 60 percent of your lost income if you cannot return to work after a commercial vehicle accident. These benefits are also capped at $10,000.
If a truck accident prevents you from performing basic household tasks such as laundry, cleaning, and grocery shopping, PIP will also provide limited benefits to compensate for this loss. A Greenacres personal injury lawyer can help you understand your PIP coverage and explore additional compensation options.
Damages Available in a Commercial Vehicle Accident Lawsuit
If you have exhausted your PIP benefits and you meet the serious injury threshold in Florida, you may be able to file a claim or lawsuit against the liable party. These legal actions allow you to claim significantly more compensation than PIP benefits. To meet the serious injury threshold, your injuries must be permanent, cause significant scarring or disfigurement, significant loss of a bodily function, or death. A Greenacres personal injury lawyer can help determine if your case qualifies and guide you through the legal process.
Through a claim or lawsuit, you can pursue full economic and non-economic damages. Economic damages are those that have an actual dollar value. These include medical bills, lost income, loss of household services, property damage, and any other out-of-pocket expenses you incur after a crash.
Non-economic damages, on the other hand, do not have a concrete dollar value. As such, they are more difficult to calculate. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. It is important to speak to a lawyer who can accurately value the losses you have sustained, and those you will sustain in the future.
Our Personal Injury Lawyer in Greenacres Can Accurately Value Your Claim
After a truck accident, you may have several options for claiming compensation. At Adolphe Law Group, our Greenacres personal injury lawyer can advise you of what those are, conduct a full investigation to determine who is to blame for your injuries, and accurately value your damages so you obtain the full and fair compensation you are entitled to. Call us now at 561-652-6769 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.