Truck Accident Lawyers

Key Highlights

• If you have suffered from an accident involving a truck, hiring a truck accident lawyer can assist you when going through claims process involving federal regulations, multiple liable parties and large insurance companies.
• Truck accidents most commonly lead to serious injuries, prolonged medical care, loss of income, and long-term physical and emotional challenges.
• Liable parties include the driver, trucking company, cargo loader and/or manufacturer. As such, early investigation and preservation of evidence is crucial.
• In Florida, there are strict fault rules and deadlines regarding truck accidents and, therefore, time is critical to securing your right to receive compensation for your injuries.

Truck accidents may cause serious damage to the vehicle and can result in long-term health issues due to severe injuries and financial pressures (medical bills and lost wages). In addition, dealing with multiple insurance companies can lead to a person feeling confused and unable to trust anyone.

At Alpha Law Group, we know first-hand how devastating truck accidents can be to families and how difficult they are to handle. Having our Florida-based truck accident lawyers by your side is necessary as they can assist you in the various aspects of a truck accident claim and help you secure fair compensation.

Contact us today for a free case consultation to discuss the details of your truck accident case.

Why Truck Accident Cases Are Different Than Car Accidents

Truck accidents are simply not ‘bigger car accidents’ these cases involves the lawyer to consider federal regulations, multiple liable parties, and severe injuries.  Only an experienced truck accident law firm can and should handle these cases.

Size and Weight Disparity

A fully loaded commercial truck is over 80,000 lbs. – about 20 times heavier than a passenger car). Because of the tremendous force involved in a commercial truck vs. passenger car accident, the injuries involved are often far worse, and many of these accident victims suffer from life-long disabilities and/or death.

Federal Motor Carrier Safety Regulations (FMCSRs)

The Federal Motor Carrier Safety Regulations (FMCSRs). These laws govern every aspect of how commercial truck drivers and companies operate their businesses, including hours of service, inspections, and maintenance. Violations of federally mandated laws can lead to a successful truck accident claim or lawsuit, i.e., one of the grounds for a successful claim or lawsuit is often the violation of one of the FMCSRs.

Corporate Defendants and Insurance Layers

Most incidents that occur due to truck collisions usually involve corporations that have multiple insurance policies and can potentially provide millions of dollars in liability coverage. All of these companies’ insurance providers are aggressive, have ample resources, and are looking for ways to limit any potential payout from day one.

Catastrophic Injury Scale

When a truck accident occurs, serious injuries are common, including but not limited to, traumatic brain injuries, spinal cord injuries, amputations, and death. Each of these types of injuries will dramatically increase the value of a case; therefore, it is important to hire an experienced commercial truck accident lawyer near me to handle your case.

“Insurance carriers send investigators to an accident scene within hours of the accident happening, but they do not go there to assist the victims; instead, they are gathering evidence/creating a story for the insurance company to control the narrative before the victim has an opportunity to engage counsel.”

Alex J. Kompothecras

Common Causes of Truck Accidents in Florida

Truck accidents seldom constitute “accidents.” In a majority of these instances, there are preventable violations committed by the driver(s), trucking company, or third parties that have led to the accident.

• Driver Fatigue & Hours of Service Violations – Fatigue creates delays in reaction times and judgement and has become one of the most frequent causes of serious trucking accidents. Because of this, the federal government has imposed limits on how long truck drivers can work without taking a rest period.
• Distracted Driving – Driving distractions include using a cell phone, using GPS, using a dispatch tablet and consuming food while driving. Studies show distractions are involved in approximately 71% of truck crashes across the United States.
• Inadequate Training & Negligent Supervision – Trucking companies often rush drivers into service with little training. Trained drivers & adequately supervised employees are less likely to cause crashes from improper lane changes, braking mistakes, or excessive speed on highways.
• Improper or Shifting Cargo Loads – Unbalanced or improperly secured load may shift during travel, causing the vehicle to rollover. Generally the cargo will be loaded incorrectly resulting in liability on behalf of the person who loaded the cargo or the shipper.
• Mechanical Failures & Poor Maintenance – Brake failures, tire blowouts, & steering defects are most commonly caused by skipped truck inspections, or cutting maintenance costs by trucking companies.
• Drug & Alcohol Impairment – Even though there are fewer alcohol crashes, drug tests among commercial truck drivers continue to show very high failure rates for drug use.

Lawyer’s Insight:
“When i look at the cases we won, the main thing that helped us win cases is fatigue log or maintenance record on the truck. If there isn’t a match between them, they become a very large red flag to the jury.”

Who Can Be Held Liable in a Florida Truck Accident?

Truck accident cases frequently include several defendants that make finding experienced truck accident attorneys critical when pursuing a case.

Truck Driver

The truck operator may need to be held accountable if he/she drives while distracted, impaired, at an excessive speed, and driving while violating federal regulations for commercial trucking.

Trucking Company

The trucking company will generally be liable even if the truck driver made the mistake since they are responsible for the actions taken by their employees while working.

Freight Broker 

Brokers and freight brokers can be financially liable if they select unsafe or unqualified trucking companies to make deliveries and have it been proven that they ignored the safety history of the trucking company.

Cargo Loaders and Shippers

Companies that load cargo may also be financially responsible if their method of loading caused the truck to roll over, lose control, or cause cargo to spill out onto the road.

Maintenance Contractors

Third-party truck maintenance companies may also be responsible if the truck’s failure was due to the failure of the third-party mechanic to inspect or repair the truck appropriately.

Parts Manufacturers

A truck manufacturer may also be held responsible for the injuries or deaths caused by defective truck parts, such as brakes, tires, and steering components.

Autonomous Trucking Operators

Liability for autonomous trucks and trucks using semi-autonomous systems can result in liability for the developers or fleet operators.

Critical Evidence That Wins Truck Accident Cases

Evidence is the deciding factor in truck accident lawsuits. Unfortunately, most of the evidence that you may need exists for a very limited time as most trucking companies will either overwrite, lose or intentionally destroy evidence. Acting quickly to preserve evidence of liability.

• Electronic Logging Devices (ELDs) – Data From Electronic Logging Devices (ELD) – The evidence from ELDs is vital for proving driver fatigue, rules violations, and fraudulent paper logs that were used to hide unsafe driving schedules. ELDs track all aspects of a driver’s time including driving hours, rest breaks, speed of the vehicle, and total miles driven.
• Dashcam and Telematics Data – Dashcam and Telematics Data – Many commercial trucks utilize forward and rearward facing dash cameras along with GPS telematics that tracks the speed of the truck, braking patterns of the truck, lane changes, steering input, and driver behavior moments prior to any accident.
• Driver Qualification Files (DQFs) – DQFs contain the driver’s licensing history, prior employment history and records, driver’s prior safety violation history, driver’s previous medical certifications, driver’s previous drug test results, and any type of training records for that driver, all which would disclose that the trucking company acted negligently in hiring and/or supervising the subject driver.
• Maintenance and Inspection Logs – Highway and Vehicle Maintenance/Inspection Logs – Trucks are mandated to have regular maintenance and inspection records. If a driver’s log of maintenance and inspections is missing, altered, or incomplete, it may reveal the failure of the trucking company to perform necessary repairs, maintenance, or inspections to maintain the truck in a proper operating condition resulting in or otherwise contributing to the accident.
• Load Manifests and Bills of Lading – Cargo and weight information for freight shipments is contained in load manifests and shipper’s bill of lading. If a shipment of freight is improperly loaded, overweight cargo or many other situations of cargo mishandling can cause a rollover, jackknife or total loss of vehicle control and create liability for the motor carrier beyond the motor vehicle operator.
• Post-Crash Drug and Alcohol Testing – A driver’s test yielding a positive result, or the failure to take the drug and/or alcohol test, may allow others to claim that the operator of the truck was impaired or that there was a violation of safety regulations or that the evidence has been tainted.

Florida Truck Accident Laws You Must Know

Florida’s truck accident claims are subject to both federal trucking regulations and state tort law. The recent changes to accident laws govern how fault and deadlines are assessed for truck wreck claims, making it essential that you obtain current legal guidance if you have been involved in a serious truck accident.

Modified Comparative Negligence 

Florida adheres to a modified comparative negligence approach that has a direct effect on recovering damages by someone who has been injured as a result of an accident involving a truck. Determining who is at fault is always one of the most  contested issues in truck accident claims.

• You can only recover damages if your fault does not exceed 51% of the total fault
• Your recovery will be reduced by the amount of fault you bear in the accident.

Two-Year Statute of Limitations

The time frame for filing a truck accident lawsuit in Florida is strictly regulated by law. You will lose your right to seek damages if you wait too long, regardless of how compelling the evidence you have may be. 

• Most truck accident injuries must be filed within 2 years. 
• If you miss the deadline for your case to be filed, it will automatically be dismissed by the court.

Punitive Damage Limits in Truck Accident Cases

The purpose of punitive damages is to penalize severe misbehavior. Under Florida law, there are strict limits on these punitive awards, regardless of how grievous the trucker’s reckless actions may have been.  

• Capped at $500,000, or three times the amount of compensatory damages, whichever is greater.  

• Only will apply in the event that there is a case of gross negligence, or intentional misbehavior.

Commercial Driver Alcohol Standards

Local and federal laws require commercial truck drivers to maintain a higher legal standard when driving. No matter how little alcohol is in their system, it will violate federal and state laws if they operate a truck with any amount present. 

• Commercial truck drivers can legally be considered impaired while operating a commercial vehicle with a blood alcohol content (BAC) of over 0.04%. 
• This is fifty percent less than that of non-commercial drivers.

Federal Trucking Insurance Requirements

To help protect themselves against the damage caused by truck accidents, federal law requires all commercial trucks to carry considerable insurance coverage. The type of insurance considered to pay for this damage will affect the payout for high-value claims due to their severity.

• Trucking insurance minimums can be as low as $750,000 and as high as $5,000,000

• Minimum required truck insurance coverage will be determined by the type of cargo the truck is carrying and vehicle classification. 

Damages Available in a Florida Truck Accident Claim

Severe injuries sustained from a truck accident may make a victim eligible for substantial compensation. Some categories of compensation include:  

• Medical Expenses (Current and Future) – This includes costs associated with emergency treatment, surgeries, physical therapy, rehabilitation, long-term care, and future medical expenses.  
• Lost Wages and Earning Capacity – Compensates for wages lost as a result of the injury, including wages that would normally have been earned if the person could continue to work after the injury.  
• Pain and Suffering – Considers the pain, suffering, emotional distress, and psychological effects caused by the accident and injury. 
• Loss of Enjoyment of Life – Accounts for the inability to perform hobbies, have meaningful relationships, or participate in daily activities that were previously possible prior to the truck accident.  
• Punitive Damages – Granted in situations involving gross negligence such as when the driver was intoxicated or went against safety protocols intentionally.

Types of Truck Accident Cases We Handle

Alpha Law Group represents people involved in many kinds of commercial trucking accidents throughout Florida. No matter if the accident involves a national carrier or a local delivery company; our attorneys know how to investigate, litigate, and win any complicated trucking claims.

Tractor-Trailer and 18-Wheeler Accidents

Accidents involving tractor-trailers and 18-wheelers are some of the most catastrophic on Florida’s roadways. These cases often require an experienced semi truck accident lawyer or 18-wheeler truck accident lawyer who understands federal regulations, corporate defendants, and million-dollar insurance policies.

Underride Collisions

Underride accidents occur when a smaller vehicle slides underneath the truck’s trailer, often resulting in catastrophic or fatal injury. Aggressive investigation into trailer guard, lighting code violations, and speed data is necessary to determine liability for these cases.

Fuel, Garbage, and Utility Truck Accidents

Commercial trucks that transport hazardous materials pose significant risks because of their blind spots, frequent stops, and carrying of hazardous materials. Compensation may come from more than just the driver such as a contractor, municipality or maintenance company that has an unsafe operating procedure in place.

Box Truck and Delivery Vehicle Crashes

Truck Accidents (Box Truck & Delivery): Box trucks and delivery drivers, such as Amazon and others are typically undertrained and face unreasonable delivery timelines. A skilled delivery truck accident lawyer can help determine the party’s negligence related to the hiring, oversight, or scheduling of the driver.

Construction and Dump Truck Accidents

Construction and dump truck accidents often involve overloaded vehicles, unstable ground and poor safety practices; resulting in violations related to a lack of proper training, using the wrong type of equipment or negligence on behalf of contractors.

Fatal Truck Accidents and Wrongful Death Claims

When someone dies as a result of a truck collision, the family members left behind may file wrongful death claims seeking both financial security and a sense of justice.  A lawyer for truck accident needs to be both understanding and aggressive when litigating these types of cases.

Hidden and Delayed-Onset Injuries

Injuries such as whiplash, concussions, internal bleeding and traumatic brain injuries may worsen as time passes and therefore, it is important to have early medical evaluation and pursue legal guidance from a semi truck accident lawyer.

Dangerous Florida Roads for Truck Accidents

Some highways in Florida are known to have high rates of fatal truck accidents.

• Interstate 4 (I-4) – Is consistently rated as America’s most dangerous interstate due to heavy congestion, high speeds and large volumes of commercial traffic on this corridor.
• Interstate 95 (I-95) – A major freight corridor; this interstate has many high-speed accidents due to the high volume of semi-trucks using this route.
• Florida Turnpike and Freight Routes – The combination of fast-moving semi trucks and very aggressive drivers leads to many accidents on these routes.
• Palm Beach County – In Palm Beach County, there are thousands of truck-related crashes every year, which makes this county one of the deadliest places to drive in Florida.

What To Do After a Truck Accident in Florida

The actions taken immediately following a truck crash can impact your case directly.

Seek Immediate Medical Care

Some injuries do not show up for hours or even days after the incident. Documenting these injuries in medical records can help create a solid link between your injuries and the truck crash. There are also requirements for reporting commercial vehicle crashes in Florida under Florida Traffic Crash Reporting Requirements.

Do Not Admit Fault

Your apology, no matter how innocuous, may be used against you later by the insurance company.

Avoid Trucking Company Investigators

They will usually reach out to you very shortly after the accident to offer assistance, but they are simply looking out for the interests of the trucking company.

Preserve Evidence

This includes taking pictures, saving any dashcam footage, and collecting information for any witnesses you can.

Contact a Truck Accident Lawyer Immediately

Having legal representation early in the process allows your attorney to preserve evidence and protect your rights.

Why Choose Alpha Law Group for Your Truck Accident Case

Alpha Law Group specifically deals with truck-related lawsuits and not just settlements that can be reached quickly. 

• We are experienced truck accident attorney near me in Florida that has years of experience in the courtroom.
• Our lawyers have deep understanding relating to the Florida trucking Industry, federal trucking regulations, and how they are applied in practice.
• We take an aggressive approach against corporate insures in litigation and fight for fair compensation.
• Your trucking accident attorney will communicate with you directly about your case throughout its entire duration. 

FAQs – Truck Accident Lawyer

How much are most truck accident settlements?

Truck accident settlements are usually worth a hundred thousand dollars to millions, depending upon the severity of the injuries, who is at fault, and what kind of insurance coverage might exist for the person or entity responsible for it.

How long does a truck accident settlement take?

It depends on many factors and how complicated the case is. Some truck accident claims are resolved in a few months and others can take a year or longer.

What if I was partially at fault?

According to Florida’s modified comparative negligence law, a person who is 50% or less at fault may recover from the other party through a truck accident claim or lawsuit.

Who pays medical bills during the case?

PIP covers 80% of medical expenses before other coverages are used. If you do not have any other insurance, you can get an LOP (Letter of Protection) to receive medical treatment today and then pay the provider after you settle your case.

Can I sue the trucking company directly?

Yes. you can sue the trucking company under Florida law through vicarious liability. Moreover, our lawyer can also aid you in figuring out if only the trucking company is responsible or are there other liable parties involved too.

What if the truck was self-driving?

Where liability lies with self-driving systems can depend on who is controlling the system, and can also depend on the manufacturer or software supplier.

Get Help From a Florida Truck Accident Lawyer Today

You don’t need to stand alone against a trucking company. If you’re up against a big insurance company and have mounting expenses, the right team of experienced truck accident lawyers will help make things happen for you.

At Alpha Law Group, we provide free consultations and does not charge you until we get your well-deserved compensation. Also, we provide you with a team of professionals who will represent you throughout the entire process.

Call (941)-304-1500 or fill out our free case evaluation form today.