Miami Accident Lawyer Blog
Truck accidents are fortunately not among the most common traffic-related incidents in Florida, but they do tend to cause extreme devastation when they happen. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are around 9,640 crashes every year involving semis, 18-wheelers, delivery trucks, and other large commercial vehicles. More than 300 people are killed and another 5,050 victims are injured in these collisions. In other words, approximately 55 percent of all truck accidents lead to at least one casualty, usually in the passenger vehicle.
Under Florida law, truck crashes are very similar to auto collisions in many ways. Therefore, you could qualify to recover compensation if you were injured or lost a loved one. However, there are some critical distinctions you need to know. You can rely on your Miami truck accident attorney to handle the details and meet legal requirements for your claim. Plus, it is useful to review the differences between truck and car collisions.
Potential Parties
One factor in a truck accident that is unique is who you can pursue for damages because there are likely to be numerous parties at fault. For instance, in addition to the driver, you might also have grounds to seek compensation from:
- The employer or trucking company;
- The owner of the tractor and/or trailer;
- A company that handles inspections, maintenance, and repairs;
- Companies handling logistics and supply chain; and,
- The manufacturers of truck parts, systems, and equipment.
Insurance Coverage
Another issue that makes truck accidents different from auto wrecks is the requirements for insurance coverage. Truck operators must carry at least a minimum of $750,000 in liability coverage, and those that haul hazardous materials are required to have upwards of $1 million or more. This means insurers have a lot to lose, so they assign truck crash cases to experienced employees who are trained to deny your claim.
Common Carrier Laws
In most cases, a truck is considered a common carrier as opposed to a private individual who drives a passenger vehicle. Florida motorists are held to a certain standard, so they must operate the car with reasonable care. However, common carriers are held to a higher degree of care. The truck driver must take extra precautions to protect others and avoid accidents.
Important Similarities
There are two laws that apply to both truck and car crashes, and one deals with your deadlines. Under the Florida statute of limitations, you have two years to file a lawsuit or you will be barred from recovering compensation. Plus, the law on comparative fault may affect your compensation. If you were negligent, your damages could be reduced according to your actions.
Discuss Remedies With a Miami Truck Accident Lawyer
It helps to know some of the basics about the differences between truck and auto crashes so you have a general understanding of the laws. However, our team at Gerson & Schwartz, PA, will tackle all legal challenges. To learn more, please call (305) 371-6000 or go online to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach.