Why Are Truck Accidents So Common in Florida?

Over a five-year period, truck accidents occurred an average of 269 times per year in Florida. Many of those crashes led to serious injury or death. Though truck operators typically have years of training and a CDL license, they are still prone to making mistakes on the road. If you ask an experienced truck accident lawyer why 18-wheeler accidents are so common in Florida, they will likely point you to the following reasons: Poor Vehicle Maintenance According to the NHTSA, nearly 20 percent of traffic accidents are caused (at least in part) by poor vehicle maintenance. Unfortunately, poor maintenance on a truck (i.e., bad brakes, worn tires, etc.) could lead to catastrophic consequences. Some of the most common truck maintenance issues resulting in Florida truck collisions include: Broken headlights or turn signals Poorly maintained or defective brakes Truck wheels that are worn, damaged, or lack adequate air Ineffective windshield wipers Issues with the power steering system Electrical problems Lack of routine maintenance Proving poor vehicle maintenance was the cause of a truck collision usually requires in-depth investigation, tense negotiations, and undeniable proof. Our law firm connects with industry-leading expert witnesses, combs through hours of data, and works with a determination to uncover every piece of available evidence. Overloaded Trucks If a truck's load exceeds its gross vehicle weight rating (GVWR), the vehicle is much harder to control and more prone to accidents. Those caused by overloaded trucks are more likely to cause severe injuries and death. Suppose a truck's weight exceeds the Federal Motor Carrier Safety Administration's (FMCSA) requirements. In that case, the excess weight could lead to devastating results. That's especially true when an overloaded truck encounters the following conditions: Steep hills Navigating sharp turns Inclement weather Old or worn brakes Worn tires Commercial truck operators are responsible for maintaining cargo weight within federal and state guidelines regardless of the road, weather, or traffic conditions. Failing to Check Blind Spots or Mirrors 18-wheelers have large blind spots. If drivers neglect to use their mirrors to check blind spots, they can easily run a car off the road. The most common and dangerous blind spots in commercial trucks include: Up to 20 feet in front of the truck The left side of the truck The right side of the truck Up to 30 feet in the back of the truck Some blind spot accidents are the result of another driver's errors. However, in many other cases, they would have been preventable if the truck driver had checked their blind spot before making a lane change. Distracted Driving Nearly 9 percent of all accidents are the result of driver distraction. That includes using cell phones, eating, daydreaming, interacting with passengers, etc. Truck drivers are not immune to modern-day distractions. Listed below are a few statistics about distracted driving and collisions that you should know: Nearly 80% of all accidents involve some form of distracted driving. Over a three-year study, researchers found that more than 11,000 truck accidents resulted from distractions outside the truck (i.e., billboards, people watching, etc.). More than 400,000 people are injured every year in accidents involving distracted driving. Distracted driving can result in severe injuries and even death, regardless of the type of vehicle. However, distracted truck drivers pose a significantly higher risk for catastrophic damage. Impaired Driving Drunk driving is the cause of thousands of accidents in Miami and throughout FL. Though DUI rules for truck drivers in Florida are strict, some still risk the consequences and get behind the wheel of their 18-wheeler after drinking. When a truck driver operates a massive commercial vehicle while under the influence of alcohol, it is more difficult for them to: Avoid collisions that a sober person would easily recognize. React in enough time to make a safe maneuver. Judge distances. Maintain their attention while driving. Safely operate their vehicle during inclement weather conditions. It's important to note that truck drivers convicted of driving while under the influence can face both criminal and civil penalties, including license suspension, jail time, criminal record, banishment from truck driving, and personal injury lawsuits. Reckless Driving Truck drivers who operate their 18-wheelers in a manner that puts others in danger can be charged with reckless driving. That's true even if their reckless behavior was unintentional. Some of the most common examples of reckless driving exhibited by truck drivers include but are not limited to: Speeding Driving while under the influence of alcohol or drugs Running red lights or stop signs Merging lanes without checking their mirrors Failure to use turn signals Tailgating other drivers (especially during traffic jams) Swerving while traveling at high speeds Road rage and aggressive driving Interrupted Traffic Flow (bottlenecks caused by construction, congestion, or OTHER) The longer you drive in Florida, the more you get used to ongoing construction projects and awful traffic. However, it can be much more challenging for an out-of-state truck driver safely to navigate FL roads – which can lead to serious issues. Common reasons for truck crashes resulting from interrupted traffic flows include the following: Tight corners and congested lanes Sudden stops Checking navigational apps to find better routes Poor visibility Neglecting to check blind spots Inattention Road rage Incorrectly Assuming What Other Drivers Are Going To Do Guessing what another driver will do before they do it can be a dangerous game. That's especially true for a commercial truck driver who is operating a multi-ton vehicle. Since truck drivers operate heavy vehicles, they are held to a higher level of responsibility than the typical driver. That means they should exercise extra patience and attentiveness when operating their vehicle. Neglecting to do so can result in catastrophic injuries and damages. Drivers Unfamiliar with Local Roads (rural roads or freeways) FL highways and backroads are famous for hazards, unexpected twists and turns, and surprise intersections. Truck drivers who are unfamiliar with Florida roads can find it difficult to navigate safely. That's because: Navigational devices and apps aren't always useful on backroads Poor visibility Sharp turns preceding hills Lack of appropriate lighting General confusion Attempting to pass another driver on a one-lane road can be dangerous Poor road conditions Regardless of the type of road, truckers must adhere to federal and state safety standards when operating a commercial vehicle. Neglecting to do so could result in collisions, injuries, and, potentially, death.

Who Do You Sue in a Truck Accident Case?

Determining liability isn't as easy as it may seem. That's true even if the truck driver was clearly negligent or reckless. Truck accident liability can fall on multiple parties, including but not limited to: The truck operator The company that owns the truck The truck manufacturer or parts manufacturer Independent contractors Another driver Third-party distributors Knowing who to sue in a truck accident case can be confusing and complicated. Generally, the circumstances of your truck accident case determine who you should pursue damages from. For example, suppose a truck operator in Miami causes an accident due to overwork and exhaustion. In that case, the driver and the trucking company may be liable for damages caused. Further, if a truck accident happens because of a truck's faulty brakes, the manufacturer may be responsible. Understanding the root cause of an accident typically requires the savvy, experience, and knowledge of a truck accident lawyer. That's especially true for cases involving multiple parties and large trucking companies. Suppose you or a loved one has suffered significant injuries in a Florida truck accident. In that case, you need a lawyer who will hold all responsible parties accountable for your injuries and seek maximum compensation. Learn how the truck collision lawyers at Schrier Law Group can help in the next section.

Florida Truck Accident Attorneys

Due to the state’s dense traffic and major trucking routes, truck accidents are a significant concern on Florida’s roadways. These incidents often involve 18-wheelers, which, due to their massive size and weight, can cause severe injuries and extensive property damage when collisions occur. The impact of truck accidents extends beyond immediate physical harm, affecting the lives of victims and their families profoundly.

At Schrier Law Group, we’ve dedicated 37 years to personal injury law in Florida, navigating the legal system in Florida and advocating for the rights of the injured. Our extensive experience across decades underscores our commitment to justice and excellence in legal representation.

We specialize in truck accident cases, recognizing the devastating impact these incidents can have on victims. Our expertise is in pursuing justice and understanding the complexities of truck accident claims, from intricate federal and state regulations to the aggressive defense strategies often employed by trucking companies. Our commitment is to provide legal representation and a pathway to recovery and success for our clients, ensuring they receive the compensation and support they deserve.

Understanding Truck Accidents in Florida

In Florida, the prevalence and impact of truck accidents are significant, given the state’s major transportation routes and economic reliance on trucking. The size and operating standards of 18-wheelers introduce specific complexities in accident cases, including severe consequences in terms of injuries and damages. Key causes of these accidents encompass a range of factors, from driver error, such as fatigue and distraction, to mechanical failures and regulatory non-compliance.

Given these complexities, expert legal representation is crucial. Specialized attorneys understand the nuances of trucking regulations and can navigate the intricate legal landscape, ensuring that victims receive comprehensive advocacy and are justly compensated for their losses.

Florida Laws and Truck Accidents

Florida’s state laws concerning truck accidents include various statutes governing commercial truck operation and insurance requirements. For instance, the state enforces particular safety standards and insurance minimums that exceed those for personal vehicles. These laws determine liability and compensation in truck accident cases, affecting how damages are assessed and claims are pursued.

Florida Commercial Vehicle Weight Restrictions

Florida law limits the weight of commercial vehicles based on the number of axles and axle spacing. For instance, an 18-wheeler typically cannot exceed 80,000 pounds without a special permit.

Florida Commercial Driver License (CDL) Requirements

Drivers of commercial vehicles, including 18-wheelers, must possess a CDL. Florida mandates specific commercial vehicle and cargo endorsements, with additional testing and certification requirements.

Vehicle Inspection and Maintenance

Commercial vehicles in Florida must undergo regular inspections and maintenance to ensure they meet safety standards. This includes checking brakes, tires, lights, and other critical components to prevent malfunctions that could lead to accidents.

Impact on Legal Strategy

Understanding Florida’s state laws allows attorneys to accurately evaluate a trucking company’s or driver’s compliance with local regulations, which can be pivotal in establishing fault and pursuing rightful compensation for accident victims.

Federal Regulations and Truck Accidents

On the federal level, the FMCSA sets out comprehensive regulations that impact truck drivers and companies nationwide, including hours of service limitations, maintenance and inspection requirements, and load-securing standards. Compliance with these regulations is mandatory, and violations can significantly influence liability in truck accident cases.

Federal Hours of Service (HOS) Regulations

Daily Driving Limits: Truck drivers are limited to 11 hours of driving time after 10 consecutive hours off duty.
Rest Breaks: Drivers must take a 30-minute break if they have driven for 8 cumulative hours without at least a 30-minute interruption.
Weekly Limits: The 60/70-hour limit applies in 7/8 consecutive days, meaning a driver cannot drive after 60/70 hours on duty in 7/8 consecutive days.

Federal Drug and Alcohol Testing

Truck drivers are subject to drug and alcohol testing in various situations such as pre-employment, randomly while employed, post-accident, and if there’s reasonable suspicion of use.

Load Securement Regulations

Both federal and state regulations specify how cargo should be secured on commercial vehicles. These rules ensure that loads are adequately restrained to prevent shifting or falling, which could lead to accidents or road hazards.

Compliance with Electronic Logging Devices (ELD)

Federal regulations require using ELDs to accurately record hours of service, ensuring compliance with HOS regulations. ELDs help enforce rest requirements and reduce the risk of driver fatigue-related accidents.

Legal Process in Truck Accident Lawsuits: From Start to Finish

Initiating a truck accident lawsuit in Florida involves a series of steps, from the initial filing to the resolution of the case. Here’s an overview of the legal process:

1. Consultation and Case Evaluation

The process typically begins with a consultation between the victim or their family and one of our truck accident lawyers. During this meeting, the attorney assesses the details of the case, including the extent of injuries, property damage, and potential liability factors. Based on this evaluation, the attorney advises the client on the viability of pursuing legal action.

2. Filing the Complaint

If the attorney decides to proceed with a lawsuit, he or she files a complaint in the appropriate Florida court. This document outlines the plaintiff’s allegations against the defendants, who may include the truck driver, trucking company, vehicle manufacturers, and other potentially liable parties.

3. Discovery Phase

Once the complaint is filed, both parties engage in the discovery process. This phase involves exchanging information relevant to the case, such as witness statements, accident reports, medical records, and other evidence. Depositions may also be conducted, during which witnesses and parties involved in the accident provide sworn testimony.

During the discovery phase, attorneys work diligently to gather evidence establishing liability for the truck accident. This may include obtaining accident reconstruction reports, analyzing electronic logging device data from the truck, and examining maintenance records. Additionally, expert witnesses such as accident reconstruction specialists and medical professionals may be consulted to provide testimony regarding the cause of the accident and the extent of the injuries suffered by the victim.

4. Pre-Trial Motions and Settlement Negotiations

Before the trial date, the parties may file pre-trial motions to address legal issues or seek dismissal of certain claims. Additionally, settlement negotiations often occur during this phase, as parties attempt to resolve the case without going to trial. Attorneys on both sides negotiate settlement terms, including compensation for the plaintiff’s injuries and damages.

5. Trial

The case proceeds to trial if a settlement cannot be reached. Both parties present evidence during the trial, call witnesses, and argue before a judge and/or jury. The plaintiff must prove the defendant’s negligence and liability for the accident and the extent of the damages suffered. The trial concludes with a verdict, either in favor of the plaintiff or the defendant.

6. Post-Trial Proceedings

After the trial, the losing party may have the option to appeal the verdict if they believe legal errors occurred during the trial process. Appeals are heard by higher courts, which review the case for errors of law or procedure. If no appeal is filed, or if the appeal is unsuccessful, the verdict becomes final, and the case moves into the enforcement phase.

7. Enforcement of Judgment

If the plaintiff prevails at trial or through settlement, the next step is to enforce the judgment and collect the awarded damages. This may involve garnishing wages, placing liens on property, or other legal mechanisms to ensure the plaintiff receives the compensation owed.

Throughout each stage of the legal process, a truck accident lawyer plays a crucial role in advocating for the rights of the injured party and pursuing maximum compensation for their losses. Schrier Law Group’s expertise in navigating the complexities of truck accident litigation ensures victims receive comprehensive legal representation from start to finish.

The Importance of Choosing the Right Attorney

Due to the complex nature of truck accidents, choosing the right attorney is crucial. The law firm’s expertise and experience can significantly impact your case’s outcome.

Why Expertise in Truck Accidents Matters

Complex Regulations: The legal framework surrounding truck accidents involves intricate state and federal regulations. Specialized knowledge in these areas is essential to effectively navigating the legal system.
Severe Consequences: Truck accidents often result in severe injuries or fatalities. An attorney with specific expertise in this field understands the long-term impact on victims and can fight for compensation that reflects the severity of their situation.
Evidence and Investigation: Truck accident cases require a thorough investigation to collect and preserve evidence. Experienced attorneys know how to secure critical information, such as logbooks, electronic logging device data, and maintenance records, which are pivotal in establishing liability.

Schrier Law Group’s Experience Benefits Clients

Proven Track Record: Schrier Law Group’s successful history in handling truck accident cases demonstrates its ability to achieve favorable client outcomes. Its expertise ensures that all legal avenues are explored and utilized effectively.
In-Depth Industry Knowledge: The firm’s attorneys deeply understand the trucking industry’s standards and practices. This knowledge is vital for identifying breaches in regulations or standards that could prove negligence or liability.
Client-Centric Approach: Schrier Law Group prioritizes the needs and well-being of our clients, providing personalized attention and support throughout the legal process. Their commitment to clients underscores the importance of choosing a law firm that values your recovery and rights.

The Firm’s Approach to Truck Accident Cases

Investigating Truck Accidents: Schrier Law Group employs a comprehensive approach to investigation, utilizing experts and specialists to reconstruct the accident, analyze evidence, and identify contributing factors.
Establishing Liability: Their attorneys adeptly pinpoint the parties responsible for the accident, whether it’s the driver, trucking company, manufacturers, or other entities, ensuring all potential sources of compensation are pursued.
Navigating Florida’s Legal Landscape: Understanding Florida’s unique legal environment is crucial, especially given the state’s specific laws and statutes regarding truck accidents.

Schrier Law Group’s familiarity with this landscape enables them to effectively navigate legal challenges and advocate for their clients’ best interests.

Selecting an attorney specializing in truck accidents can profoundly influence the case’s outcome. Schrier Law Group’s dedicated approach to these cases ensures that clients receive expert legal representation in the intricacies of truck accident litigation, maximizing their chances for maximum compensation.

Compensation in Truck Accident Claims

Understanding how compensation is determined in truck accident cases is crucial for victims seeking justice and restitution. Compensation typically covers various aspects of the victim’s losses, including tangible and intangible damages. In Florida, the process of determining compensation involves several key factors, including the assessment of fault through comparative negligence.

Components of Compensation in Truck Accident Cases

Regarding truck accident cases, the compensation components are crucial for addressing the full spectrum of the victim’s losses and facilitating their journey to recovery. Compensation typically covers medical expenses, ranging from immediate costs like hospital stays, surgeries, and medications to ongoing expenses related to physical therapy or future medical care necessitated by accident-related injuries. Victims are also entitled to compensation for lost wages, accounting not only for income lost during the recovery period but also for potential future earnings, should their injuries impair their ability to return to work or affect their earning capacity.

Beyond tangible losses, compensation also extends to pain and suffering, recognizing the victim’s physical discomfort and emotional distress. This portion of compensation considers the severity of the injuries, the associated pain levels, and the broader impact on the victim’s quality of life, including any enduring disabilities or disfigurement.

This multifaceted approach to compensation underscores the legal system’s acknowledgment of the profound and varied impacts a truck accident can have on an individual’s life.

The Role of Fault in Florida Truck Accident Claims

Florida follows a comparative negligence system, which is crucial in determining compensation. Here’s how fault and comparative negligence influence compensation:

Comparative Negligence: Under Florida law, a victim’s compensation can be reduced by their percentage of fault in the accident. For example, if a victim is found to be 20% at fault, their compensation will be reduced by 20%.
Establishing Fault: Determining fault involves a thorough investigation to establish how the accident occurred and the factors contributing to it. In truck accidents, fault can be attributed to various parties, including the truck driver, trucking company, manufacturers of defective parts, or even government entities responsible for road maintenance.

The Importance of Legal Representation in Compensation Claims

Securing appropriate compensation in truck accident claims requires a nuanced understanding of these cases’ legal and practical aspects.

Our attorneys will:

Assess all potential damages to ensure comprehensive compensation.
Navigate the complexities of comparative negligence to advocate for a fair evaluation of the victim’s fault.
Negotiate effectively with insurance companies and opposing counsel to achieve a fair and maximum settlement.

Determining compensation in truck accident cases is a multifaceted process influenced by evaluating damages and allocating fault. Victims benefit significantly from the expertise of attorneys specializing in truck accident law, such as those at Schrier Law Group, who can navigate these complexities and strive for the maximum possible compensation.

Contact Schrier Law Group

If you or a loved one has been involved in a truck accident in Florida, promptly seeking expert legal guidance is crucial. The Schrier Law Group is well-equipped with the expertise, experience, and dedication needed to navigate the complexity of truck accident claims. Our team of attorneys understands the nuances of Florida’s legal system and is committed to providing personalized attention and robust representation to ensure your rights are protected and your interests are advocated for effectively.

Understanding the importance of timely action is essential due to Florida’s statute of limitations, which restricts the timeframe to pursue legal action.

truck driving down the highway in Florida at risk of getting into a Truck Accident

Free Consultation

Get the maximum compensation for your case today.

Our Law Firm is
Celebrating 36 Years!

Call Us For A Free Evaluation

Florida Truck Accident Attorneys

Understanding Truck Accidents in Florida

Florida Laws and Truck Accidents

Florida Commercial Vehicle Weight Restrictions