If you or a family member suffered a serious injury in an accident involving a commercial truck – like an 18-wheeler, tractor-trailer, big rig, box truck, etc. – you may have grounds to pursue financial restitution for your harms and losses through a truck accident injury claim.
If you decide to pursue a legal claim, you may wind up being offered a truck accident settlement.
Severity of Truck Accidents
Large commercial trucks are frequently involved in collisions and the operator of the smaller vehicle usually bears the brunt of the damage. Truck accident victims often suffer serious, debilitating bodily injuries and may not know where to turn for help with medical expenses, lost income, along with other harms and losses.
This is where it makes sense to speak to an experienced Florida truck accident injury lawyer.
Average Truck Accident Settlement in Florida
When it comes to pursuing financial restitution through a personal injury claim, you may be wondering what the average truck accident settlement is in Florida. Here is the answer – there is no established average settlement amount.
The reality is that each truck accident injury case is unique and the ultimate outcome, including a settlement, will depend on those unique factors. This is why there is no set maximum or minimum settlement amount for truck accidents in Florida.
For example, truck accident settlement amounts have the potential to be quite low or exceptionally high in a tractor-trailer accident case, but the settlement amount (assuming the claim is resolved via settlement negotiations) will largely depend on issues related to liability, negligence, and available insurance coverage.
One of the best ways to give your injury claim a leg up in the process is hiring an experienced and effective truck accident injury lawyer in Florida.
Factors That Can Impact the Amount of a Truck Accident Settlement
Truck accident settlements can occur at any time between the filing of an injury claim to a verdict being rendered by a jury.
There are multiple factors that can impact truck accident settlement payouts, including:
- Seriousness of your bodily injuries
- Amount of medical expenses (both immediate expenses and long-term expenses)
- Lost income and diminished future earning capacity
- Circumstances of the accident
- Insurance coverage
- Pain, suffering and other non-economic harms
Because each truck accident is different, it is recommended to discuss relevant factors that may impact your claim with a skilled and knowledgeable Florida truck accident lawyer.
Truck Companies and Insurance Coverage
Federal regulations actually obligate commercial trucking companies to maintain liability insurance coverage. Specifically, the minimum liability coverage for trucking companies is $750,000, though many truck companies carry larger liability policies.
This insurance coverage is intended to protect the company that owns the commercial vehicle from financial ruin, in the event the company is deemed liable for a serious truck accident and must pay a large settlement or jury verdict. It also determines who is responsible for medical expenses in a truck accident and how those costs are handled under Florida law.
Truck Accident Settlement Timeline
It is important to remember that a settlement can occur anytime between the filing of your truck accident injury claim and if a jury hands down a verdict. Nevertheless, an early settlement offer from the trucking company is likely not the best they have to offer.
This is why we recommend you speak to legal counsel before agreeing to accept any settlement amount.
Please be advised that if you accept an early settlement offer, you will be required to waive your future rights to bring a lawsuit against the trucking company in question. Basically, this would end your truck accident case before it has begun.
The last possible moment when a settlement can be agreed upon is right before the jury returns with a verdict. If your case makes it all the way to a jury trial, it likely means the truck accident company failed to make a fair and reasonable settlement offer.
One of the best ways to determine if a settlement offer is fair and reasonable is to speak to an experienced truck accident lawyer in Florida.
It is also worth noting that many insurance companies re-assess the valuation of claims once someone has retained legal counsel.
Common Causes of Truck Accidents in Florida
Truck accidents are often far more complex than regular car accidents due to the size and weight of large trucks, the severe injuries they cause, and the involvement of multiple liable parties.
Learning the common causes behind these accidents can help injured victims build stronger truck accident claims with the assistance of an experienced truck accident lawyer.
1. Truck Driver Negligence
Many truck accidents result from a truck driver’s negligence, including:
- Driving while fatigued, especially during long hauls.
- Distracted driving, such as texting or using a GPS while operating a commercial vehicle.
- Speeding or reckless driving to meet tight delivery deadlines.
- Driving under the influence of drugs or alcohol.
2. Improper Truck Maintenance
Trucking companies and drivers are required by federal and state regulations to ensure their commercial vehicles are in safe operating condition. Failure to maintain critical safety equipment, such as brakes or tires, often leads to devastating accidents, including rear-end collisions or jackknife incidents.
3. Overloaded or Improperly Loaded Cargo
When cargo isn’t properly secured or exceeds weight limits, it can shift during transit, causing semi-truck accidents or rollovers. These incidents frequently result in severe injuries, including spinal cord injuries and traumatic brain injuries.
4. Weather and Road Conditions
Poor weather, such as heavy rain or fog, can increase the risk of a truck crash. Tractor trailers require longer stopping distances than regular cars, and wet roads exacerbate this problem. When truck drivers fail to adjust their driving for adverse conditions, accidents are more likely to occur.
5. Other Drivers’ Actions
Sometimes, other drivers on the road may cause a commercial truck accident. Sudden lane changes, tailgating, or cutting off a large truck can lead to catastrophic collisions.
6. Defective Parts or Equipment
Defective safety equipment, such as brakes, tires, or steering systems, may lead to auto accidents involving commercial trucks. In these cases, truck accident attorneys may investigate manufacturers for liability.
Frequently Asked Questions About Truck Accident Settlements in Florida
What should I do immediately after a truck accident in Florida?
Seek medical attention even if your injuries seem minor. Call the police to report the accident, collect evidence like photos of the scene and vehicle damage, and gather contact information from witnesses. Avoid discussing fault and contact a personal injury lawyer as soon as possible.
How is fault determined in a truck accident?
Fault is determined by investigating all aspects of the crash, including the truck driver’s actions, the trucking company’s compliance with regulations, and the role of other liable parties. Accident reconstruction experts and evidence like black box data or maintenance records are often used to establish liability.
Can multiple parties be held liable in a truck accident case?
Yes, multiple parties may be responsible, including the truck driver, trucking company, cargo loaders, or even manufacturers of defective parts. Each party’s level of fault will be analyzed during the legal process.
How long do I have to file a truck accident claim in Florida?
Florida law typically allows four years from the date of the accident to file a personal injury lawsuit. However, if the accident resulted in wrongful death, the timeframe is reduced to two years. It’s best to consult a lawyer promptly to ensure you meet all deadlines.
What types of damages are available in a truck accident settlement?
Truck accident compensation may include economic damages (medical bills, lost income, property damage), non-economic damages (pain and suffering, emotional distress), and, in some cases, punitive damages aimed at penalizing reckless behavior.
What evidence is critical to proving my truck accident claim?
Key evidence includes police reports, medical records, witness statements, photos of the scene, maintenance logs, black box data, and any documentation of safety violations by the trucking company or driver.
How long does it take to settle a truck accident case?
The timeline varies depending on factors like the complexity of the case, the severity of injuries, and the willingness of insurance companies to negotiate. Cases involving severe injuries or disputes over liability may take longer to resolve.
Will my truck accident case go to trial?
Most truck accident cases are settled before reaching trial. However, if a fair settlement isn’t offered, your lawyer might recommend proceeding to court to seek full compensation.
What should I avoid saying to insurance companies after a truck accident?
Avoid admitting fault or giving recorded statements without consulting a lawyer. Insurance companies may use your words to reduce the value of your claim.
Are truck accident settlements taxable?
In most cases, compensation for physical injuries or medical expenses is not taxable. However, punitive damages and interest on settlements might be subject to taxation. Consult a tax professional for specific guidance.
How are truck accident settlements different from car accident settlements?
Truck accidents often involve higher settlement amounts due to the severity of injuries and the involvement of commercial entities like trucking companies with larger insurance policies. They also tend to be more legally complex.
Can I file a truck accident claim if I was partially at fault?
Yes, Florida’s comparative negligence rule allows you to recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
Do I need a lawyer if the trucking company’s insurance offers me a settlement?
Yes, it’s highly recommended. Insurance companies aim to minimize payouts, and their initial offer may not cover all your damages. An experienced lawyer can help negotiate for fair compensation that accounts for both current and future losses.
Can I recover compensation for emotional distress after a truck accident?
Yes, non-economic damages in a truck accident claim may include compensation for emotional distress, anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the crash.
Does the size or type of truck involved impact my settlement?
Yes, the type of truck (e.g., semi-truck, tractor-trailer, tow truck) and the circumstances of the crash can influence your case. Larger trucks typically cause more severe damage and injuries, which may lead to higher settlement amounts.
Still Have Questions About Florida Truck Accident Settlements? Speak to a Pembroke Pines Truck Accident Lawyer
If you have questions about truck accident settlements in Florida and whether you have a viable truck accident injury claim, Garnes Injury Law – Pembroke Pines Office is ready and able to help.
Our team of experienced truck accident lawyers can help determine who was at fault in causing the accident and what you may be able to pursue in terms of a potential truck accident settlement. In some cases, the fault may lie with the truck driver’s employer, the company that owns the truck, the vehicle manufacturer, or even the government department that is responsible for maintaining the road. To learn more about your legal options, contact Garnes Injury Law – Pembroke Pines Office to schedule a free case evaluation.
