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Trucking Accidents
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.
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 Jay Diaco, Esq.
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.
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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.
What damages can I claim after a truck accident?
Truck accidents can result in severe injuries such as death, traumatic brain injury, spinal cord injuries, neck and back injuries, and others. An injured victim can seek past and future economic and non-economic damages. Compensation may economic losses cover medical expenses, lost wages, property damage, etc., while non-economic damages may include pain and suffering, loss of the capacity to enjoy life, or in extreme cases, wrongful death, mental anguish and loss of consortium. The exact amount of compensation available to truck accident victims in Florida depends on various factors, such as the extent of injuries, ability to work, and the degree of pain and suffering endured as well as the amount of medical treatment in the past and future.
What are the insurance requirements for truck drivers in Florida?
In Florida, all drivers are required to maintain a $10,000 minimum liability insurance coverage. However, commercial truck drivers have higher minimum liability insurance requirements, depending on the type of cargo they transport and the weight of the vehicle.
For example, for non-hazardous freight moved in vehicles weighing under 10,001 lbs, truckers must carry a minimum liability insurance coverage of at least $300,000, while the transport of hazardous materials necessitates a minimum liability insurance of $5 million (FMSCA).
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
- Call Diaco Law ASAP- Do NOT sign anything or give a recorded statement until you consult with our attorneys
- Avoid discussing the accident or injuries on social media, or anywhere online
Do I need an 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 have an experienced legal team by your side who understand the nuances of the law and are dedicated to advocating for you.
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.
Many of our cases are settled for the maximum compensation without going to trial. If you or someone you know has suffered in a truck accident call Diaco Law for a free consultation at 813-221-7978.
Is it expensive to work with a truck accident attorney?
No! At Diaco Law there are no upfront fees. We only get paid if you do.
SOURCES:
- “Fatality Facts 2021: Large Trucks.” IIHS, www.iihs.org/topics/fatality-statistics/detail/large-trucks.
- “Insurance Filing Requirements.” FMCSA, www.fmcsa.dot.gov/registration/insurance-filing-requirements.
My experience with Diaco Law was great, they went above and beyond for me and always had my best interest first.
Gwendolyn
Taylor & Melynie were the best! They helped me with with everything, were the most kind & sweet people I’ve worked with. Hopefully I never need their type of services again but if I ever did I will choose them, always!!!
Allana
Very professional and helpful!
Thuch
First time getting in an accident, Taylor and the rest of the staff at Diaco made the process easy and painless. Fought and got me more than I originally was told. No police report and they still got me what I was owed. I can’t thank you all enough!
Mike
My case had complications due to having two accidents close to one another and one of the drivers being uninsured. Diaco Law got me a settlement that I was happy with and they were very good at protecting my interests through this turbulent situation.
James
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