Summary
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Truck accidents often cause severe injuries or even fatalities because of their size and weight. In a truck accident, most of the injuries occur to occupants of other vehicles (70%).
That’s why, when you are involved in a truck accident, you face challenges that are different from standard collisions. For example, in a typical car accident, it is usually a single driver who is at fault. An accident of truck, on the other hand, involves multiple potentially liable parties, including:
- Truck driver
- Trucking company
- Cargo loader
- Third-party maintenance providers
Another significant challenge is the FMCSA’s (Federal Motor Carrier Safety Administration) stringent federal regulations. The body governing commercial trucking often establishes maintenance standards, vehicle operation guidelines, and driver fatigue limits.
As a result, navigating injury claims after a truck accident requires specialized knowledge of Florida truck accident laws. You need to hire a truck accident lawyer in Florida who has the experience and resources to investigate the crash, identify all liable parties, and fight for the maximum compensation you deserve.
For the best possible representation, you need to know what to ask a truck accident lawyer in Florida.
Initial Consultation
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Do you specialize in truck accident laws, or are you a general personal injury firm?
Only a lawyer specialized in truck accident laws possesses detailed knowledge of FMCSA regulations related to driver behavior and safety standards, such as Hours of Service (HOS). The lawyer can leverage HOS and other violations to prove a safety breach.
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How will you stop the trucking company from tampering with evidence?
Truck drivers and companies may alter or even destroy driver logs or maintenance records if not properly preserved to limit liability and evidence. The best truck accident lawyer immediately issues spoliation letters to secure all critical documents and data, including the driver’s log, electronic control module (ECM), and black box.
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Can your firm take on the strong insurance defense team of a large trucking company?
Stakes are higher due to larger settlements involved in truck accidents. This is why insurance carriers aggressively fight claims. You need a firm with financial and investigative capacity to match or exceed their resources. The firm must be able to deploy forensic experts and accident reconstructionists rapidly.
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What are the deadlines for my truck accident case?
Deadlines, specifically the statute of limitations in Florida, are critical, as missing them means your case is “forever barred,” which leaves you with no legal option to claim for your injuries or losses. The legal deadline for filing a personal injury lawsuit after a semi-truck accident in Florida is two years from the date of the crash.
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Why is acting immediately so important, even though the Statute of Limitations is two years?
While the deadline for filing a suit is two years, it is crucial to act immediately to preserve evidence. Trucking companies are legally obligated to preserve driver communications, dispatcher notes, driver logs, and other records for between 30 days and six months.
It is challenging to prove corporate negligence after six months, as these records are often overwritten or destroyed, which is a perfectly legal practice.
| Deadline type | Timeframe | Legal Significance |
| Evidence Preservation | 30 days to 6 months |
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| Statute of Limitations Florida | 2 years from accident date |
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| Retaining Counsel | Day 1 |
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Forensic Investigation
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How do you use the Hours of Service (HOS) rules to establish negligence?
The FMCSA has established the maximum number of hours a driver can drive with rest breaks within 24 hours. Exceeding these limits directly shows that the accident of truck occurred due to fatigue, which establishes negligence.
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How do you audit records for falsification?
Trucking companies are also required to use ELDs (Electronic Logging Devices) that are difficult to falsify. The accident lawyer compares the written driver logs and the ELD data against GPS data, tolls, fuel receipts, and other external records to uncover falsification. The lawyer also investigates practices like pressuring the driver to ignore rest breaks.
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How do you use the truck’s black box data to establish negligent maintenance or driver error?
Commonly known as the black box, the event data recorder (EDR) records operational data immediately before, during, and after an event. Retrieving data points such as speed, engine RPM, brake application, and accelerator pedal position helps in reconstructing the accident for an accurate account of the event. The device can also reveal data indicating negligent maintenance.
Corporate Liability and Enhanced Damages
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How do we prove the trucking company itself is at fault, not just the driver?
The company’s fault can be proven either through vicarious liability or direct corporate negligence.
Vicarious liability means that the company is responsible for the actions of its drivers that led to the accident.
Direct corporate negligence refers to an accident that occurred due to the company’s own negligence.
Direct negligence includes negligent hiring, training, or maintenance. When proven, direct negligence provides you with a basis for seeking punitive damages.
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What evidence will you seek to prove negligent hiring or supervision?
The Driver Qualification File (DQF), personnel file, and training and safety records can help establish a case for negligent hiring.
The Driver Qualification File (DQF) contains employment applications, prior employment verifications, and Motor Vehicle Records (MVRs) of the driver. An MVR showing a history of reckless driving or DUIs is strong evidence of negligent hiring.
The personnel file reveals information related to internal complaints and warnings. Failing to fire the driver constitutes negligent retention of the driver.
Lack of well-documented safety training and compliance tests and pressuring the driver to violate HOS rules, can also establish trucking company liability.
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How do maintenance records relate to proving negligent maintenance?
Trucking companies are legally obligated to perform regular inspections and maintenance. Failure to comply often results in brake malfunctions, tire blowouts, and mechanical failures that can cause accidents. A truck accident lawyer obtains and reviews records to reveal skipped inspections, suspended repairs, or any other non-compliance to prove negligent maintenance.
Florida-Specific Litigation
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Does my case warrant pursuing punitive damages, and how difficult is it to do so under Florida law?
Punitive damages aim to punish the defendant for their misconduct and deter conduct that can compromise highway safety. To recover punitive damages, your lawyer must demonstrate that the trucking company has exhibited “intentional misconduct” or “gross negligence.”
Gross negligence is a reckless conduct that consciously disregards the life, safety, and rights of those exposed to the conduct.
The statutory cap in Florida is set at four times the compensatory damages, or $2 million, whichever is greater.
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How does Florida’s “shared fault” law impact my claim?
Florida uses a modified comparative negligence system to assign fault. If you, the injured victim, are found to be partially at fault, your compensation will be reduced by the percentage of the blame attributed to you.
| You are completely barred from recovering any damages if found to be more than 50% at fault. |
Other questions to ask a truck accident lawyer include:
- What are the potential outcomes of my case?
- What are the legal fees and costs involved?
- How should I communicate with you?
- What documentation and evidence do you need from me?
Conclusion
Multiple potential parties to hold liable, FMCSA’s regulations, insurance carriers aggressively fighting your claim, and Florida’s modified comparative negligence system make the whole process a little difficult to navigate. The truck accident lawyer in Florida you hire to represent you makes the real difference.
Truck Wreck Florida has over 35 years of experience in helping trucking injury victims obtain the maximum possible compensation.
FAQs
Can I sue the truck driver or the trucking company after my accident?
You can sue both of them and even other potential parties. The driver can be held responsible for the crash due to distracted driving, speeding, or fatigue. The company can be held responsible for direct negligence and vicarious liability.
How long do I have to take legal action after my truck accident in Florida?
The legal deadline for filing a personal injury lawsuit is two years from the date of the accident. However, it is advisable to consult a truck accident attorney promptly. Refer to Table 1.
Should I see a doctor after the accident?
Always seek medical attention immediately. Even if you feel fine, there can be some hidden injuries. It is not only essential to protect your health but also to create medical records to link your injuries to the accident.
What should I do if the trucking company or its insurance company contacts me after the accident has occurred?
No, you should not. They aim to minimize their payout. Ask them to speak to your truck accident lawyer.
Should I accept a settlement offer?
Insurance companies often offer a “lowball” initial offer after an accident. You don’t even have an idea of the full extent of the damage. Consult an experienced truck accident attorney first before you accept a settlement offer.
