Aug 20, 2020
Partial Fault Truck Wreck: Can You Still Recover Compensation in Florida?
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Being involved in a truck accident can turn your life upside down, even more so when you think you might share part of the blame. Many victims worry that being partially at fault means they can’t recover compensation. Fortunately, under Florida law, that’s not always the case.
If you were injured in a partial-fault truck wreck, you may still be entitled to recover damages. Here’s what you need to know and how Nuñez Law can help protect your rights.
Understanding Partial Fault in Truck Accidents
In Florida, the concept of comparative negligence determines how fault is shared between the parties involved in an accident. This means that even if you were partly responsible, you may still recover compensation, but the amount you receive can be reduced by your percentage of fault.
Example: If you were found 20% at fault for the accident and your damages total $100,000, you could still recover $80,000.
However, since Florida’s new modified comparative negligence law (2023), if you are found more than 50% at fault, you may not be eligible for compensation at all. That’s why it’s crucial to have an attorney who can present your case effectively and prevent the other side from unfairly assigning you more blame than you deserve.
Why Truck Accident Cases Are Different
Truck accidents aren’t like regular car crashes. Commercial truck drivers must follow strict federal and state regulations that set standards for:
- Driving hours and rest periods
- Speed limits and safe braking distances
- Vehicle maintenance and inspections
- Cargo loading and weight restrictions
- Drug and alcohol testing for drivers
These rules exist because truck drivers are professionals, operating heavy vehicles that can cause catastrophic harm. Even if you think you made a mistake on the road, the truck driver or their company might still be liable if they violated any of these safety standards.
For example:
- If a truck driver was fatigued, driving too fast for conditions, or following too closely, that negligence can outweigh your partial fault.
- If the trucking company failed to maintain the vehicle or pressured the driver to meet unsafe delivery deadlines, they may bear the majority of responsibility.
Common Scenarios of Partial Fault Truck Wrecks
You might share partial fault in situations like:
- Changing lanes without signaling while the truck was speeding or following too closely.
- Being hit while entering or exiting a highway where the truck should have slowed down.
- A truck sideswiped your vehicle when both drivers tried to merge.
Even in these situations, you could still have a strong case because the trucking company’s negligence often plays a dominant role in the collision.
What to Do After a Partial Fault Truck Accident
- Don t admit fault at the scene. Let investigators determine what happened; you might not have all the facts.
- Document everything. Take photos, get witness statements, and keep medical records.
- Avoid speaking with the trucking company’s insurer alone. They may try to get you to say something that shifts more blame onto you.
- Contact an experienced Miami truck accident attorney immediately. Your lawyer can collect critical evidence such as dashcam footage, driver logs, and electronic data recorders (the truck’s black box) to prove the truck driver or company was primarily at fault.
Get Help from an Experienced Miami Truck Accident Lawyer
Were you or a loved one seriously injured in a commercial truck wreck and believe you may be partially at fault? Don’t assume you can’t recover compensation. Contact Bobby Nuñez, an experienced Miami truck accident attorney at AccidentLawFirm.com, to protect your rights and fight for the compensation you deserve. Call Nuñez Law today to schedule your free consultation. We’ll review your case, explain your legal options, and help you take the right steps toward recovery.