Truck Accidents On Florida Roads
The most recent available data available from the Federal Motor Carrier Safety Administration (FMCSA) estimates that there were roughly 4400 fatalities and over 107,000 injuries in accidents involving large trucks. While this may not sound like much compared to the number of casualties in car accidents, it is still notable simply because trucks are so much larger than cars, and that weight is actually more likely to cause serious injury. If you have been hurt in an accident with a large truck, your injuries are likely severe, and you deserve the right to seek compensation.
Causes & Effects
Automobile accidents will occur for many different reasons, from poor weather to driver error to product defect (such as poorly made tires). This is true in trucking accidents as well, but in general, the majority of truck accidents occur for reasons that trace back to driver error. Some of the most common causes of truck accidents include distracted (or intoxicated) driving, unbalanced loads, and speeding. One cause that is particular to truck drivers is failure to abide by FMCSA rules; for example, FMCSA has mandated that a driver may only work for a certain number of hours, so as to not endanger themselves or anyone else by driving tired.
If a truck accident does occur, another difference between them and most car accidents is that with truck crashes, a higher percentage of pedestrians are injured or killed. This is partially due to the weight of a large truck, as well as to the tendency of a driver to lose control of a large truck on the road. While some truck accidents can be minor, a higher percentage are serious, causing injuries like traumatic brain injury (TBI), spinal cord problems, and long-term chronic pain.
Filing Suit
If you have been injured in an accident with a large truck, it is more likely that your injuries are serious. While obviously, being severely injured is never a good thing, it does mean that it will be more likely that you will be able to file suit against the allegedly negligent truck driver (and possibly against their employer, if the doctrine of vicarious liability is held to apply). Florida is a no-fault state in terms of auto insurance, and because of this, most road accidents that result in minor injuries must be settled via claims with your personal injury protection insurance.
If your injuries are severe, though, Florida law allows you to file suit. The relevant law permits you to recover damages for your injuries, as well as for pain and suffering and other intangible causes of action, if your injuries are permanent “within a reasonable degree of medical probability,” or if you have lost a limb or the use of an important bodily function. You may be able to recover even if you are ruled to have been partially negligent; you would receive your costs minus your percentage of fault.
Call An Orlando Truck Accident Attorney
Because of the potential damage that a truck can do, particularly to a pedestrian or other person outside a vehicle, truck accidents should always be taken seriously. If you have experienced one, calling an Orlando truck accident attorney from the Hornsby Law Group can be the push you need to seek compensation for what you have been through. Call our offices today for a free consultation.
Source:
fmcsa.dot.gov/regulations/hours-of-service
fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2018