Sep 25, 2023
Navigating Your Florida Truck Accident Claim: 4 Essential Laws to Consider
With Miami being Florida’s main (and most populated) city, there is constant semi-truck transportation in and out of the city every day. Because of this constant in-and-out truck traffic, there are also hundreds of crashes that occur each year. The Federal Motor Carrier Safety Administration placed Florida as the-third highest state for fatal truck crashes.
It is no wonder that Miami truck accident statistics show such high cases of accidents and fatalities each year. The same report tells us that Florida sees over 300 crashes involving tractor-trailers, big rigs, 18-wheelers, and semis each year. Nationwide, hundreds of thousands of truck accident victims suffer serious injuries each year in the over 100,000 injury-causing truck collisions.
Injury victims and their families have the right to seek compensation from the at-fault driver in a truck accident. There are several laws that may apply when pursuing legal action. A truck accident attorney can help explain how to fully navigate these laws.
Florida No-Fault Laws
Florida is one of the 18 states that follow no-fault laws for motor vehicle crashes. The remaining U.S. States follow what is known as at-fault laws. With no-fault laws, each driver is required to carry personal injury protection (PIP Insurance) on their auto policy. This component is added to cover any medical expenses associated with motor vehicle crashes. PIP insurance will cover any medical expenses for injured policyholders and any passenger in the vehicle at the time of the accident, even if the passengers do not have basic health insurance.
With no-fault laws, each injured person files an insurance claim with their own insurance company to seek compensation for their medical damages. PIP only covers a certain percentage of your losses, but if you suffer severe injuries in a Miami Truck accident, you have the right to seek compensation by filing a truck accident claim with the at-fault driver’s insurance company.
Liability Negligence Laws
If you have suffered severe injuries or the loss of any bodily function, you will be required to prove to the insurance company that the truck driver was at fault. In order to prove you have the right to recover monetary damages, your evidence must show that the Miami truck accident was the direct result of the truck driver’s failure to operate his motor vehicle safely. Some types of negligence could include:
- Erratic turns and lane changes
- Running red lights or stop signs
- Speeding
- Driving while intoxicated
- Distracted driving
If you feel that a Miami truck accident was caused by one of these negligent acts, a Miami personal injury lawyer at Nunez Law P.L. (AccidentLawFirm.com) can help you seek compensation for the damages you sustained.
Statute of Limitations
Every state sets its own deadline for when you are able to bring a lawsuit for a truck accident claim. The statute of limitations in Florida is two (2) years from the incident. That means the clock starts ticking on the day of the truck collision. If you have not filed a truck accident lawsuit in a Florida court before the expiration of the statute of limitations, you will no longer be able to recover compensation for your losses and damages.
Comparative Fault
Another important law to consider when filing a lawsuit in Florida is the comparative fault law. When a truck accident occurs, Florida law will account for any negligence the injured victim had in the truck accident claim. If you are found to be at fault for any of the above-listed negligent actions, the compensation you receive will be reduced by the percentage you are found at fault.
For example, if a plaintiff is found to be 25% at fault, the plaintiff would be able to recover 75% of the damages they incurred, taking into account a deduction of the 25% they were found to be negligent of.
It is important to note that Florida also follows a modified comparative fault for truck and motor vehicle accidents. This law states that anyone found to be more than 50% at fault for the injuries they sustained is unable to recover any compensation for their injuries.
A Miami truck accident lawyer can help you to prove greater negligence on behalf of the truck driver in order for you to recover maximum compensation for your injuries.
Recoverable Damages
Now that you understand the four essential laws when considering filing a truck accident claim, we will discuss the damages you may be able to recover after a Miami truck accident. There are two types of recoverable damages an injured victim can seek in Florida:
Economic Damages are expenses with a monetary value that the injured victim incurred due to the truck collision; these include:
- Medical- past, current, and future expenses
- Lost income
- Personal property damage
- Durable medical equipment and devices
- Household services, if you are no longer able to perform them after the accident
- Transportation expenses
- Funeral and burial expenses
- Any other financial loss incurred from the truck accident that the injured victim is entitled to recover
Non-economic Damages are the non-monetary losses caused by the accident. These include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Any other non-monetary loss incurred from the truck accident that the injured victim is entitled to recover
Every truck accident case will vary greatly in the compensation that an injury victim will be able to recover. Depending on the severity of your damages, your lawyer will gather all necessary evidence and review your medical records and police reports to prove the damages you suffered.
Contact a Miami Truck Accident Attorney Today
These Florida laws could impact the rights you have after a Miami truck accident, which is why it is crucial that you seek help from our dedicated and experienced truck accident lawyer at Nunez Law P.L.. In addition to the complicated and often confusing laws around Florida’s truck accidents, if you sustained severe injuries, your main focus must be on your full recovery. Let our law firm handle the legal side of your case while you worry about your health and recovery. Contact us today for a free case evaluation using our online contact form.