Filing Suit After A Florida Truck Accident

Truck accidents are sadly common in Florida, given how much traffic there is at any moment on the state’s roads. Not all of these accidents occur due to negligence – but those that do usually lead to severe injuries. Being involved in a road accident is never easy, but an accident involving a large truck can be so devastating that it can feel all too easy to give up. Never forget that you have the right to seek compensation from the person or people that you believe caused your injuries. A knowledgeable attorney can help.

Causes & Effects

The most recent available statistics from the Federal Motor Carrier Safety Administration (FMCSA) report that between 2010 and 2021, the number of fatal accidents involving large trucks and buses rose roughly 52 percent. 2021 saw approximately 5,900 large trucks and buses involved in fatal accidents nationwide – which may not seem like very many, but the injuries sustained in these crashes were disproportionately more serious than those between two standard passenger vehicles.

There are several different reasons that large truck accidents can occur, but many of them go back to negligence either on the part of the driver or their employer. For example, a driver may drive longer than FMCSA regulations allow in order to get an order delivered more quickly, but if they cause an accident, it may be possible to argue that they should not have been behind the wheel of a commercial truck in the first place due to their carelessness. It is possible to file suit against multiple defendants if the fact pattern merits doing so.

Can I File Suit?

If you have been injured due to the negligence of a large truck driver, you can seek compensation from them, assuming your injuries are serious enough – if they meet the state’s injury threshold (generally, if the injuries are “significant and permanent”), you can file suit instead of having to file claims with your personal injury protection (PIP) insurer. A personal injury suit allows a person to seek damages not only for medical bills, but also for lost wages, mental anguish, and other intangible harm (if the facts warrant).

Be advised that if you do decide to seek damages from the driver’s employer, you must be able to prove that the driver was acting within the scope of their employment at the time of the accident, which is difficult – though not impossible. If the driver was acting on their own business, their employer cannot be held liable for your injuries, and given that many truck drivers are judgment proof (that is, they have few assets and would likely not be able to pay a jury award), it can lead to much less in damages than one might hope.

Contact An Orlando Trucking Accident Attorney

Being involved in a trucking accident can have long-term consequences, and because of this, it is important to know your rights. An Orlando trucking accident attorney from the Hornsby Law Group can help you determine the best path forward for you and your family. Call our office today for a free consultation.

Source:

fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2021