Trucks are regular fixtures on the roads in Melbourne, Florida. Although most travel without incident, their sheer number increases the risk of accidents. If you suffered injuries after such an incident, you can file a truck accident claim.
Relevant Truck Accident Laws and Regulations in Florida
Florida has truck accident laws and regulations. It’s important to know how fault and liability are established, the statute of limitations for filing a claim and Federal Motor Carrier Safety regulations.
Establishing Fault and Liability
According to Florida Statute 768.81, some truck accidents are based on comparative fault. This applies when a person suffers injuries in an accident but is partly responsible. For example, a car cuts off a speeding truck. The person in the passenger vehicle is determined 40% at fault while the trucker is considered 60% responsible.
Although the trucker may be at fault, many truck accidents involve more than one liable party. Depending on the circumstances, the trucking company, truck owner or parts manufacturer could also be responsible.
Statute of Limitations in Florida
According to Florida Statute 95.11, accidents based on negligence carry a two-year statute of limitations. This includes truck crashes. In some cases, the timeframe for filing a claim may be extended. For example, the victim’s injuries are not immediately apparent.
Federal Motor Carrier Safety Regulations
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). Regulations apply to commercial trucks, drivers, trucking companies and all industry staff areas. Truckers must be properly trained and work a set number of hours. They must take rest breaks to prevent potential accidents caused by fatigue. Trucks must be regularly inspected to ensure they’re safe to travel.
Trucking companies and staff must comply with all FMCSA rules and regulations. If they fail to do so, they can face penalties.
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Medical Expenses and Compensation in Florida
In Florida, damages from truck accidents can be extensive, warranting compensation. This includes different types of medical expenses, lost wages, other recoverable damages and long-term care and rehabilitation costs.
Types of Medical Expenses
Depending on your injuries from a truck accident, you may have different medical expenses. This might include hospital stays, surgeries, dental treatments, prescription drugs and corrective devices.
Calculating Lost Wages
Lost wages can be calculated by establishing the number of days missed from work and factoring in the person’s regular wages. An official letter from the employer and a pay stub can show how much an injured victim has lost due to the truck accident.
Recoverable Damages
Different damages are recoverable in a truck accident. These include economic, noneconomic and sometimes, punitive damages. Regarding the latter, you might recover compensation if the accident was caused by gross negligence or an intentional act like road rage.
Long-Term Care and Rehabilitation Costs
Injuries from truck accidents are often catastrophic and take ample time to heal or remain for the rest of the victim’s lifetime. In either situation, long-term care and rehabilitation are needed. Some of these costs are covered by health insurance, but some may be out-of-pocket, making them recoverable in accident claims.
Common Causes of Truck Accidents in Melbourne, Florida
In Melbourne, Florida, certain factors can cause truck accidents. The most common are driver fatigue, distracted driving, improper vehicle maintenance, speeding and aggressive driving, improper loading or cargo shifts and blind spots.
Driver Fatigue
Driver fatigue is a common problem in the trucking industry. Truckers work long hours and travel significant distances each day. Unfortunately, this and being ill can lead to fatigued driving, which is equivalent to driving under the influence.
Distracted Driving
Truckers must be alert while working, or they can have a distracted driving accident. Sadly, their jobs require them to perform different actions at the wheel, which can cause them to lose focus.
Improper Vehicle Maintenance
Trucks must be inspected for every 10,000 to 20,000 miles traveled. This ensures the vehicle is in good condition and can proceed safely. Without regular maintenance, catastrophic truck accidents can occur.
Speeding and Aggressive Driving
According to Florida Statute 316.1923, aggressive driving involves excessive speeds, unsafe lane changes and other dangerous behavior that poses risks on the road. When a truck driver performs these actions, it can lead to horrific crashes resulting in severe injuries and even death.
Improper Loading or Cargo Shifts
A truck’s cargo must be properly loaded and meet weight requirements set by the FMCSA. Anything less than those standards is a major cause of truck accidents.
Blind Spot Accidents
Trucks have multiple blind spots, which prevent drivers from seeing around them. Often, passenger vehicles cause accidents because they travel in those spots by following too closely behind or improperly changing lanes.
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The Claims Process in Melbourne, Florida
There are steps involved in the claims process in Florida. They include seeking medical attention, reporting the accident, gathering evidence, notifying your insurance company, consulting with a truck accident attorney, investigation, negotiation, settlement or lawsuit, litigation and resolution.
Seek Medical Attention
Truck accidents often cause catastrophic injuries that can be permanent. Seeking medical attention is paramount because it can prevent your condition from worsening. You also get records of your injuries to add to your evidence.
Report the Accident
Call 911 and report the accident. A police officer will create a report detailing the events.
Gather Evidence
Gather evidence to add to your medical records and expenses. This should include photos and videos of the accident scene, a copy of the police accident report, proof of your wages and witness statements.
Notify Your Insurance Company
Notify your insurance company about the truck accident. Give basic details without going too deep into what occurred.
Consult with a Truck Accident Attorney in Florida
Consult with a truck accident attorney immediately. It gives you an advantage in your case and ensures you’re in good hands. Your lawyer will protect your rights and review your evidence to determine how to handle things.
Investigation
Often, facts of a truck accident are unclear. An investigation can uncover what happened and bring clarity to your case.
File a Claim
According to Florida Statute 627.736, car insurance must include personal injury protection to cover injuries from accidents. To secure those benefits, file a claim after a truck accident. Your medical expenses and necessary treatment are covered up to 80%.
Negotiation
Victims of truck accidents often need high compensation amounts. Negotiation tactics can help get what you need to cover your damages.
Settlement or Lawsuit
Many truck accident cases take time to settle or don’t at all. If a settlement offer is unsatisfactory, you can file a lawsuit.
Litigation (If Necessary)
Litigation might be necessary if your damages are more than the insurance company offers in compensation. It’s also advised if your injuries are severe or if someone died.
Resolution
Resolving truck accident claims takes time. An attorney can expertly represent you and ensure you get justice in your case.
Steps in Filing a Truck Accident Claim in Melbourne, Florida
There are steps involved in filing a truck accident claim in Melbourne, Florida. They include engaging with insurance companies and knowing critical timelines for filing.
Engaging with Insurance Companies
Usually, multiple insurance companies are involved in truck accident claims. You may have to deal with your insurer and adjusters on the trucking company’s side.
Critical Timelines for Filing
Truck accident claims must be filed within two years. It’s crucial to take fast action to recover compensation for your damages.
Role of Experienced Truck Accident Lawyer in Melbourne, Florida
Experienced truck accident lawyers play crucial roles. They can advocate for your rights, handle complex multi-party litigation, negotiate settlements and prepare for court if necessary.
Advocating for Your Rights
An experienced truck accident attorney can advocate for your rights. They will protect you and build the best case in your favor.
Handling Complex Multi-Party Litigation
Because trucks are regulated on a federal and state basis, an accident can result in multi-party litigation. An experienced attorney can handle all of these actions on your behalf.
Negotiating Settlements
Your truck accident lawyer can negotiate the best settlements. They won’t stop until you recover appropriate compensation.
Preparing for Court if Necessary
Finally, your attorney can prepare your case for court. If your claim doesn’t settle, it moves to trial and they can represent you to the best of their ability.
The Law Offices of Andrew Pickett: Your Trusted Truck Accident Lawyer in Melbourne, Florida
Have you or a loved one been involved in a truck accident in Florida? Our dedicated legal team is here to support you. We’re committed to hearing your account of the incident and vigorously pursuing the compensation you’re entitled to. Take the first step towards justice by reaching out to us – you can call our office directly or use the convenient online contact form. We offer a complimentary consultation to review your situation and discuss potential legal options forward.
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