finding a south florida attorney for a truck accident claim

Most people don’t realize that 1 in every 10 highway deaths involve large trucks, including commercial vehicles, big rigs, and tractor trailers. With crashes involving large trucks, the vast majority of injuries and fatalities are small passenger vehicle occupants. The average vehicle on the road is extremely vulnerable in comparison since these trucks often weigh 20-30 times as much as passenger cars. Not to mention, large trucks are taller with greater ground clearance, which creates the risk of smaller vehicles under riding trucks in crashes.

Braking capability can also be a key factor in a truck accident. Loaded tractor-trailers take 20% to 40% farther than cars to stop. This dangerous discrepancy is only worsened with poor road conditions, poorly maintained brakes, or a number of other factors. Then, there is the very real danger of truck driver fatigue. Drivers of large trucks are technically allowed to drive up to 11 hours at a stretch, according to federal hours-of-service regulations. However, surveys indicate that many drivers violate the regulations and work longer than permitted.

At lowercase, the qualified truck accident attorneys on our team know how to fight for those who’ve been injured in an accident involving commercial vehicles, big rigs, and tractor trailers. We offer comprehensive guidance to victims, and our experienced truck accident lawyers will ensure that your rights are protected. Our truck accident lawyers understand the complexities of dealing with the trucking companies and insurance providers and are ready to act now to earn you the settlement you are entitled to. If you or someone you know has been injured in a large truck accident, call lowercase today at 833-LOW-FEE5 (833-569-3335) to speak with one of our car accident attorneys and get guidance on the next steps.

what to do when involved in a truck accident

Surviving a wreck with a truck can be a traumatizing experience. Even for those who do not sustain any severe injuries, the impact of a collision with a large truck can be overwhelming. When such an intense experience happens, it is hard for anyone to know how to protect themselves. Luckily, lowercase has developed a system to help you remember the right steps to take in order to protect yourself. So what do you do next?

First, if possible, move your vehicle to safety and follow these NEXT steps after you are involved in a truck accident:

lowercase law: NEXT steps graphic

negligence and per se in florida truck accident law

Not only are there federal regulations for large trucks, but Florida also has laws that are meant to keep commercial motor vehicle operations safe on our roadways. These laws are enforced by the Florida Highway Patrol Office of Commercial Vehicle Enforcement (OCVE).

Violation of state or federal regulations by a truck driver, motor carrier or associated vendors constitutes negligence, and if one of these violation contributes to a truck accident, then these parties may be held responsible for their negligence. Some of these regulations include:

  • Size and weight restrictions
  • Time restrictions for consecutive hours on the road
  • Distracted driving
  • Alcohol and drug use
  • Following and passing
  • Driver qualification
  • Financial responsibility for motor carriers
  • Vehicle inspection, repair, and maintenance
  • Parts and accessories necessary for safe operation
  • Noise emissions
  • Transportation of hazardous materials

In some cases, a truck accident may be the result of a negligent truck driver violating a federal or state regulation. In some states, like Florida, it may also be appropriate to also pursue damages on the basis of negligence per se.

Negligence per se is inferred when the truck driver violated a safety statute that causes the crash, and the victim is a member of the class the safety statute was designed to protect. This inference can make it easier to prove your right to compensation.

In addition to taking action against the truck driver for negligence and negligence per se, the victim of a wreck involving a truck can also take action against the trucking company under several different theories. When a trucking company knows it is hiring a driver with a record of negligent driving or maintains the employment of such a driver, it may be held directly responsible under theories of:

  • Negligent hiring
  • Negligent supervision
  • Negligent entrustment

Trucking companies owe it to the public to ensure their drivers are properly trained and supervised when putting them behind the wheel of such massive machines. If a truck company does not fulfill its responsibility on the road to protect the public, they can and should be held directly liable.

serious/permanent injury compensation in truck crash cases

If you are involved in an accident with a large truck, it is very unlikely to walk away without any form of physical injury. It is very likely that if you are involved in a collision with a commercial vehicle that you will have a long road to recovery ahead of you. At lowercase, a skilled personal injury attorney will work tirelessly for you, providing a compelling profile of all the evidence necessary to earn you the compensation you deserve. Some factors that will affect your potential damages:

  • Ambulance costs
  • Emergency Room Visit
  • Treatment
  • Outpatient Care or Rehabilitation
  • Additional or Ongoing Care
  • Prescriptions and Medical Equipment
  • Vehicle Repairs
  • Lost Wages
  • Rental Car Costs
  • Pain and Suffering
  • Other Associated Expenses

A truck accident can be a life-changing event. That is why a lowercase accident attorney is ready to immediately take action on your behalf so that you can focus on staying healthy and healing.

why you need an attorney

An experienced attorney can help you navigate the process of filing your claim after a car accident, and get you on your way towards recovery and compensation. Regardless of whether the accident is major or minor, it is important to seek legal counsel to help you navigate the process with insurance companies, whether making sure you receive your PIP benefits or negotiating a settlement with the at-fault driver’s auto insurance company.

statute of limitations on truck accident claims

The statute of limitations for truck accidents under Florida law is the same as for car accident claims. According to Florida state statute 95.11(3), under the statute of limitations for personal injury cases, you have up to four years from the date of the incident to file a lawsuit. If you miss this deadline by even one day, you are no longer able to file suit. However, Florida law provides plenty of time to collect all relevant information and reports to present a court with the strongest possible case for compensation. But do not wait, follow through and secure professional representation as soon as possible, so that you can begin the process of rebuilding your life.

call us today

A lowercase truck accident lawyer will provide you with legal guidance and experienced litigation so that you can receive the compensation you are entitled to. Call us today at 833-LOW-FEE5 (833-569-3335).


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