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What Are Your Rights in Florida in a Trucking Accident?

The average 18-wheeler weighs over 80,000 pounds. It’s no surprise that commercial trucking accidents often come with life-changing injuries, or worse, result in loss of life. If you’ve been in a trucking accident, it’s vital to understand your rights—and work with the right personal injury lawyer in Florida. We can help. Our personal injury attorneys at Menendez Trial Attorneys have more than 30 years of experience representing truck accident victims and their families. To discuss your case, call today at (305) 376-7689 for a free consultation.

Common Causes of Truck Accidents

Miami-Dade averages 8,851 commercial vehicle crashes a year with 1,227 injuries and 21 deaths. While many factors contribute to the frequency of trucking accidents, much like in most car accident cases, the most common causes place fault squarely on the driver, including:

  • Intoxicated driving
  • Speeding
  • Unsecured cargo
  • Driver fatigue

However, factors outside the driver’s control can also be to blame, like mechanical failure, poor road maintenance, and weather.

How to Determine Liability for Your Florida Truck Accident

The driver’s employer is typically liable if the driver broke company rules or Florida law, and that led to the accident.

Certain factors may also put the liability on another party, such as the truck manufacturer, mechanic, or even the county or state. Given the complex nature of commercial truck accidents, it’s best to work with a Florida personal injury lawyer from the start. Our injury attorneys can help determine who is liable for your injuries and build a case to ensure they are held accountable.

Is There a Statute of Limitations for Truck Accidents in Florida?

In Florida, a case must be filed within four years. However, it’s advisable to obtain the services of an experienced attorney as soon as possible. It is imperative to compile all evidence immediately. Evidence such as video surveillance can be erased. Truck’s computers also contain vital information that needs to be preserved immediately. 

Most Common Injuries Sustained in Truck Accidents

Truck accidents often involve more serious injuries and have a higher fatality rate than a passenger car accident.  The most common injuries we see in south Florida commercial trucking accident cases include:

  • Broken bones and fractures
  • Internal organ damage
  • Burns
  • Lacerations and severe limb damage/amputation
  • Traumatic brain injuries
  • Spinal damage or paralysis

While many of these injuries are immediately apparent, some, such as brain injuries, may not be apparent following the accident. It’s essential to seek medical care even if you don’t believe you’ve been injured. Make sure to get a full record of your injuries. Properly documenting your case will be invaluable if you have to go to court.

Potential Damages to Which You May Be Entitled After Your Florida Trucking Accident

Even if you have your own insurance company, it will only cover a certain amount of wage loss and medical bills, and you’re likely to be left with large expenses to cover out of pocket expenses and continuing pain and suffering and future care. In that instance, your only option is to file a personal injury case with the help of a Florida personal injury lawyer.

The court may award three types of damages:

  • Economic compensatory damages, which encompass medical expenses, loss of earnings and future care
  • Non-economic compensatory damages, which cover physical, emotional, and mental suffering
  • Punitive damages, which are rare, and are only be awarded by the court in certain accidents

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Get the Help of an Experienced Florida Personal Injury Attorney

Trucking injury cases often settle out of court, but it is still important to obtain legal representation.  A skilled personal injury attorney can ensure that you are treated fairly by your insurance company, and, if need be, are ready to go to court.

A trucking accident often comes with lifelong consequences, and the compensation you receive for your injuries, pain, and suffering can at least soften the financial blow of those effects. 

If you need an experienced team of personal injury lawyers committed to superior client care, contact us today at 305-930-7247 for a free consultation to discuss your case.  We serve clients throughout Florida.

Copyright© 2020. Menendez Trial Attorneys. All Rights Reserved.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.


Menendez Trial Attorneys
113 Almeria Avenue
Coral Gables, FL 33134