Truck accident cases are often more complex than other motor vehicle accident cases for several reasons. They tend to result in more severe and long-lasting injuries, involve multiple liable parties and insurance companies, and deal with state and federal regulations. Understanding the common challenges in truck accident claims can help you prepare for and make the most of your case.
Florida-Specific Trucking Regulations
Truckers operating on Florida roads must comply with several key state-specific trucking regulations. These rules are in place to prevent car/truck accidents, and failure to comply with them can be used as evidence of negligence when you’re seeking compensation for your injuries through an auto insurance claim or personal injury lawsuit.
Some of the most basic regulations cover a truck’s weight and size. In Florida, trucks cannot weigh more than 80,000 pounds, with the exact limit depending on the truck’s size and number of axles. Most commercial trucks also cannot be more than 8.5 feet wide, 13.5 feet tall, and 65 feet long. These dimension limits are in place to make sure the trucks can safely operate on all public roads in the state.
Truck drivers operating solely in Florida must also adhere to the state’s hours of service regulations. These regulations limit the time truckers can spend behind the wheel without a break. For example, truckers can only drive for 12 hours after 10 consecutive hours off duty and cannot drive beyond the 16th hour after coming on duty after a 10-hour or longer break. If truck drivers fail to follow these regulations, serious accidents can result.
The state also has additional regulations for trucks carrying hazardous materials, which may play a role in your case.
Common Challenges in Truck Accident Cases
While there are many challenges in truck accident cases, some of the most common are understanding federal trucking regulations, identifying the liable parties, negotiating with insurance companies, recovering evidence from the accident scene, dealing with multi-vehicle collisions, and handling insurance company tactics.
Understanding Trucking Industry Regulations
In addition to the Florida-specific trucking regulations, the Federal Motor Carrier Safety Administration (FMCSA) has a set of federal trucking regulations that all truckers operating across state lines must adhere to.
Some of the regulations that may play a role in your case include the following:
- Hours of service regulations that differ from those that apply to drivers operating exclusively within Florida
- Cargo securement regulations that depend on the type of cargo being transported
- Inspection, maintenance, and repair regulations to prevent accidents caused by vehicle malfunctions
- Event data recorder (EDR) regulations that outline the types of crash information onboard black boxes must keep
- Electronic logging device (ELD) regulations that outline how these devices should be used to make sure drivers are adhering to the hours-of-service regulations
Identifying All Parties Involved
Depending on how the crash occurred, multiple parties could be liable for your losses. For example, truck drivers, trucking companies, truck maintenance providers, cargo loaders, truck manufacturers, other motorists, and government entities may share liability.
To recover the full compensation you deserve for your injuries, it’s essential to identify every party that contributed to the accident. This is because insurance policy caps, assets, and other limitations may restrict the compensation you can recover.
For example, your personal injury protection (PIP) insurance may only cover up to $10,000 of your medical expenses if you have the minimum coverage. However, if you can hold a trucking company liable for your accident-related losses, you can access far more compensation. Depending on the truck’s weight and cargo, the trucking company must have between $300,000 and $5,000,000 in liability insurance.
Negotiating with Multiple Insurance Companies
Negotiating with a single insurance company can be a challenge in and of itself. However, trucking accident cases often involve multiple insurance companies representing different parties, including the truck driver and the trucking company. Due to the amount of money these cases involve, insurance providers for trucking companies often have highly experienced and skilled teams of lawyers.
Dealing with Multi-Vehicle Collisions
Many commercial truck accidents involve more than two vehicles (the truck and your vehicle). Frequently, these accidents involve several vehicles, such as if a truck’s brakes fail and it plows into vehicles stopped in traffic or at a red light, or if a truck jackknifes or rolls over, sliding across multiple lanes of traffic.
Not only can it be harder to gather evidence in multi-vehicle collisions because of all the parties involved, but those parties can also reduce your compensation. For example, suppose you are seeking compensation from the trucking company, and it has an insurance policy limit of $300,000. In that case, that amount has to cover all the claims against the trucking company resulting from the accident. If there are 10 claims against the company, the compensation available to each injured party is far less.
Resistance from the Insurer Against Serious Injury Victims
Insurance companies often try to downplay the injuries sustained by victims. If your symptoms were delayed, they may claim that indicates that your injuries aren’t real or aren’t severe. And they may attempt to avoid paying for certain medical treatments by saying they aren’t “reasonable or necessary.” It’s vital that you’re able to provide extensive medical evidence to back up your claim for compensation.
How Can a Truck Accident Lawyer Help You?
A truck accident lawyer can take over your case and investigate the crash to identify all liable parties and gather the evidence necessary for holding them financially accountable. This evidence includes black box data, truck maintenance records, driver logs, witness testimony, and documentation of the accident scene. They can also help calculate the total of your losses and file your lawsuit against the at-fault party within the two-year deadline.
Your lawyer will negotiate with the insurance companies involved on your behalf, seeking a favorable settlement that covers all your accident-related losses. If the insurance companies refuse to offer a fair settlement, your lawyer can take your case to trial and seek maximum compensation.
Contact a Pensacola Truck Accident Lawyer at Cardoso Law, PLLC Now
Were you injured in a Florida truck accident? We at Cardoso Law, PLLC, have recovered millions of dollars for our clients by providing comprehensive legal support. Let us show you why our legal team has garnered a reputation for success among Pensacola residents. Contact us today for a free, no-obligation consultation with an experienced truck accident lawyer about your case. You pay nothing unless we win money for your accident claim.
