According to the Insurance Institute for Highway Safety, in 2021, 4,714 people died in large truck crashes; which is a 17% increase when compared to 2020. 16% of these deaths were of the truck driver or truck occupants, while 83% of those killed were the people that were in the other vehicles involved, pedestrians, bicyclists, and motorcyclists. Truck accidents are very serious and often times very complicated cases so it’s important to know your rights.
The months following a trucking accident are difficult, and at Diaco Law, we understand that you and your family may be grieving and adjusting to a new normal. Experienced legal counsel can’t fix the pain or change what happened, but hiring the right attorney for your case will help you receive compensation for your new normal. If you, or someone you know has been involved in a trucking accident, it’s so important to have a knowledgeable attorney on your side, like Joseph Diaco, Esq.
Joseph works on contingency, and that means you pay him after he wins. Since Joseph takes on the risk, there is no reason to delay: Call (813) 221-7978 to schedule your initial consultation about your case.
What Are The Typical Causes Of Truck Accidents?
Truck accidents come with a significant increase of serious injuries, because of several factors, including:
- Significant size and weight differences between trucks and passenger cars
- Higher ground clearance of trucks increases the likelihood of under riding in crashes
- Truck braking capability, often requiring 20-40% more distance than cars to stop, particularly on wet or slippery roads (Insurance Institute for Highway Safety).
- Driver fatigue from long hours behind the wheel
- Speeding; sometimes caused by pressure to meet delivery deadlines
- Rushed vehicle maintenance checks
It is important to note that many of these accidents can be prevented or mitigated through improved driver training, adherence to safety regulations, regular vehicle maintenance, and responsible behavior by all road users.
Most Common Types of Trucking Accidents in Tampa
Trucking accidents happen for many different reasons in the Tampa area. Some of the most common types of truck crashes include:
- Head-on accidents
- Rear-end collisions
- Roll-over accidents
- Accidents involving delivery drivers
- Underride accidents where a vehicle slides underneath a truck
- Jackknife accidents when a tractor swerves to the side of a trailer
- Truck crashes due to improperly loaded cargo
- Fatigued driving accidents
- Impaired driving accidents
- Distracted driving accidents
Diaco Law has a deep understanding of these and other types of truck accident claims. We will help you gather the evidence necessary to make a strong case, with our focus determined by the specifics of how your crash happened.
For example, we can work to prove a violation of hours-of-service rules established by the Federal Motor Carrier Safety Administration if your collision was caused by fatigued driving.
Who Is Liable for My Tampa Truck Accident?
When you are involved in a truck accident in Tampa, the truck driver who was operating the commercial motor vehicle could be held liable for your losses if you can show:
- The driver had a duty or obligation. All truckers have an obligation to follow Federal Motor Carrier Safety Regulations and to follow Florida’s road safety regulations. They also have a duty to exercise reasonable care behind the wheel to avoid hurting other motorists
- The driver failed in their duty. You can show a failure by demonstrating they violated FMCSA regulations or safety rules, or that they were less careful than a hypothetical reasonable driver would have been under the circumstances
- The failure was the direct cause of the accident, and you were damaged as a result. Damages can include physical and mental injuries or impairments resulting from the accident.
In many cases, it is not just the driver who is to blame, though. That’s because drivers are often employed by trucking companies. Vicarious liability rules say that companies are responsible for the on-the-job actions of their employees, so those trucking companies may be liable for losses as well.
Since trucking companies are typically required to have substantial insurance in place, it is important to determine if they can be held responsible for your damages. Diaco Law can help you identify all defendants who may be to blame for your collision, so you can get the maximum compensation.
You May Be Entitled to Damages Under Florida Law
In the state of Florida, people injured in trucking accidents may be eligible for several different types of damages. An award of any specific type of damages is dependent on the facts of the case, but what follows is a broad overview of the damages available to the injured person.
Economic Damages
Economic damages are financial in nature and must be proved in court before they are available to anyone. These damages are intended to compensate a person for his or her financial loss due to the trucking accident.
Economic damages typically compensate injured people for things such as:
- medical expenses that were previously incurred as a result of the truck accident and those that will be incurred in the future due to the accident;
- lost wages;
- the lost capacity to earn wages;
- any money spent on rehabilitative services for the injury; and
- damage to the injured person’s property.
Commercial trucks are large, heavy vehicles that strike victims with enormous force, and the resulting injuries are frequently severe. This means the injured person is likely to incur significant damages for medical expenses, rehabilitative costs, lost earning capacity, and lost wages.
Non-Economic Damages
Florida law will compensate for particular types of non-economic damages in the context of truck accidents. The most commonly awarded form of non-economic damages under Florida law are damages for pain and suffering.
It is impossible to put a price on pain and suffering, and there is no common standard for measuring pain and suffering. For those reasons, Florida juries decide how much money to award to the person for pain and suffering.
What Factors Can Affect My Truck Accident Settlement?
Truck accident cases can settle outside of court or can be decided in a courtroom. Many people settle because it can be less stressful and quicker to get justice. However, you need to ensure your settlement fairly compensates you for your damages.
Many factors can affect the amount of your settlement, including:
- The extent of your damage: You should be fully compensated for all losses, including pain and suffering, emotional distress, medical bills, and lost wages.
- The strength of your proof: The stronger your claim, the more likely it is that the defendant will make you a generous settlement offer because they will want to avoid going to court, suffering a surefire loss, and potentially being ordered to pay more in damages.
- The amount of insurance available. An insurer will only pay out up to policy limits. The more insurance coverage available, the greater your chances of a large settlement
Hiring a Tampa trucking accident lawyer can also help you to maximize your settlement, as an experienced attorney knows how to negotiate and isn’t afraid to stand up to big trucking companies. Contact Diaco Law today to find out how a member of our legal team can help you fight for the compensation you deserve.
Federal Law Mandates Insurance Coverage
Insurance is a pivotal issue in almost every personal injury case, and truck accident cases are no different. Settlements and verdicts in truck accident cases can balloon to such daunting figures that even corporate defendants may not have the cash to pay the entire settlement or verdict out-of-pocket. This is where insurance steps in and precisely why it is mandated.
The Federal Motor Carrier Safety Administration (“FMCSA”) promulgates a complex system of rules and regulations called the Federal Motor Carrier Safety Regulations (the “FMCSRs”). According to the FMCSRs–specifically 49 CFR § 387.7–every company in the trucking business is obligated to maintain a minimum of $750,000 in insurance coverage for their drivers. This $750,000 requirement was imposed on these companies to ensure that the people injured by their negligence can recover something.
Any trucking company that moves its trucks across state borders is bound by the FMCSRs and must carry this $750,000 minimum. This level of coverage is very common in the trucking business because so many trucking companies move across state borders.
Florida Law’s Insurance Requirements
Under Florida state law, commercial truck drivers must carry a minimum liability insurance policy. The value of that policy depends on the type of cargo they transport and the weight of the vehicle. For example, the operator of a vehicle carrying non-hazardous freight under 10,001 lbs must carry a minimum liability insurance policy of at least $300,000 under Florida law.
The Florida state law insurance requirements apply to every vehicle that operates within the state’s borders. That means there will be an insurance policy to cover trucking accident injuries even if the vehicle does not move across state lines.
What is the statute of limitations for truck accidents?
Similar to other auto accidents, truck accidents in Florida are subject to a two-year statute of limitations, beginning from the date of the accident. Wrongful death claims also adhere to this two-year timeframe.
Can I still receive compensation if I’m partially at fault for the accident?
In March of 2023, Florida became a modified comparative fault state which means if you’re found to be more than 50% responsible for an accident, the award is reduced to zero. This means a thorough evaluation of comparative fault must be done early as it may affect whether you have a viable compensation claim. However, if you’re found to be less than 50% responsible, your payout will be reduced proportionately based on the degree of responsibility assigned to you.
What should I do immediately following a truck accident?
- Call 911 and seek medical attention;
- Collect evidence, take photos and stay on the scene if possible;
- Do NOT sign anything or give a recorded statement until you consult with an attorney;
- Avoid discussing the accident or injuries on social media, or anywhere online;
Do I need a Tampa Truck Accident attorney after a truck accident?
Unlike typical collisions involving individuals, after a truck accident, you may find yourself facing off against large commercial corporations with their own army of defense lawyers. Therefore, it becomes even more important to hire the best and most experienced legal team by your side who understand the nuances of the law and are dedicated to advocating for you.
Call the Tampa Truck Accident Lawyers at Diaco Law Today
The time period following a truck accident is full of grief and pain, but the time for healing comes eventually. Our Tampa truck accident lawyers cannot take that pain away, but they can bring their experience and understanding to your case so you can stay focused on healing.
For nearly 30 years, Jay Diaco has handled complicated trucking accidents; the last one resulted in a 6-million-dollar settlement after 5 years of litigation and spending nearly $300,000.00 in costs. Jay Diaco and Diaco Law collaborate with industry experts, engineers, biomechanical engineers, accident reconstruction experts, among other experts, to collect evidence and uncover the root cause of truck accidents, whether it was driver error, mechanical failure, weather conditions, construction zone hazards, or other contributing factors. With that experience, Jay can approach his clients with compassion and his cases with clarity.
Our Tampa trucking accident attorneys at Diaco Law understand that you may be worried about how to pay for our truck accident lawyers’ services, but our firm will take your case on a contingency fee. Under a contingency fee arrangement, you will not pay us a dime until we settle your case or obtain a winning verdict. Reach out to our attorneys today to schedule your free consultation by calling us at (813) 221-7978!