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Truck accidents can cause devastating injuries. Due to the complexities of truck accident
lawsuits in Florida, it helps to hire a lawyer. Accident victims can learn more about truck
accidents, liability, and how a lawyer can help prove their claim.
Across the United States, there are millions of large commercial trucks that travel the roadways.
In 2015 alone, large trucks traveled an estimated 279.8 billion miles. As with any vehicle on the
road, truck accidents can occur at any time for a host of reasons.
Semi-trucks and tractor-trailers can cause significant damage to property and other motorists in a
trucking accident. Because of the extent of the damage and injuries involved in large truck
accidents, filing legal claims can be complicated and burdensome for those who have suffered.
If you or your loved one were involved in a semi-truck accident in another vehicle, such as a car
or motorcycle, then you can hire a truck accident attorney to help you collect damages for any
serious injuries you suffered because of the crash.
Types of Florida Truck Accidents
Every car driver traveling Florida’s expressways has passed or responded to massive, big rigs on
the road. Crashes tend to involve two or more vehicles, and how the trucking accident occurs can
affect passenger and driver injuries, as well as the extent of damages overall.
Due to a commercial truck’s size and girth, several different types of truck accidents can occur in
Florida and have the potential to be catastrophic.
Override Truck Accident
An override accident occurs when a semi-truck rear-ends a smaller vehicle. Due to the sheer size
of commercial trucks, the semi-truck may drive over the back of the car. This type of commercial
vehicle accident can have serious consequences for anyone in the vehicle.
Underride Truck Accident
An underride accident is the opposite of an override accident. In this case, the driver of the
smaller vehicle rear-ends the back of a tractor-trailer. The semi-truck may have stopped abruptly
or improperly changed lanes. Although many trucks have guards on the back of the trailer, the
vehicle that hit the back of the truck may become stuck or wedged underneath.
Rollover Truck Accident
With tall trailers, big rigs can tip when drivers take turns at high speeds. High winds and other
driver errors can also cause the truck to fall on its side. This type of tractor-trailer accident can
cause major blockades on roadways, cause chain-reaction crashes, and do severe damage to other
passenger vehicles.
Jackknife Truck Accident
On Florida expressways, a jackknife accident can be fatal. This accident occurs when the tractortrailer attachment comes loose or fails, causing the tractor-trailer to swing out perpendicular to
the tractor, like a jackknife. Once jackknifed, the semi-truck can block the expressway or crash
into other drivers.
Runaway Truck Accident
If a trucker loses the ability to stop or slow down the vehicle, the weight of the truck can cause it
to reach high speeds. The truck could hit anything in its path, from other vehicles to pedestrians
and property. This is especially dangerous if the truck is traveling downhill.
Truck Accident Injuries
Like any auto accident, injuries from trucking accidents can be minor or severe. However, large
truck accidents are more likely to cause severe or debilitating injuries. According to data from
the Federal Motor Carrier Safety Administration (FMCSA), the number of injuries caused by
large truck accidents are increasing.
Examples of injuries from a truck accident include:
▪ Broken bones
▪ Spinal cord injuries
▪ Disfigurement
▪ Traumatic brain injuries
▪ Severed limbs
▪ Burns or lacerations
▪ Other fatal injuries
Typical Causes of Florida Truck Accidents
The FMCSA suggests the major elements that contribute to a large truck accident include
drinking alcohol, speeding, and driver fatigue. However, crash investigators are hesitant to
suggest one element that caused the crash and frequently cite multiple factors. Common causes
of truck accidents in Florida include:
▪ Distracted driving
▪ Improper loading of cargo
▪ Aggressive driving behaviors
▪ Brake problems
▪ Prescription drug use
▪ Traveling on an unfamiliar roadway
▪ Congestion or traffic flow problems
▪ Bad weather conditions
The FMCSA suggests the major elements that contribute to a large truck accident include
drinking alcohol, speeding, and driver fatigue. However, crash investigators are hesitant to
suggest one element that caused the crash and frequently cite multiple factors. Common causes
of truck accidents in Florida include:
The FMCSA states that trucking accidents can occur because of a critical reason associated with
the driver. This can include falling asleep, suffering a heart attack or physical injury, making a
poor decision, overreacting to something, or misjudging the speed of other vehicles.
What You Should Do After a Truck Accident
If you were involved in a truck accident, call for help immediately. Once you connect with a
dispatcher, notify them of any injuries at the accident scene. Tell them if someone is trapped,
hurt, or was thrown from their vehicle, as well as if there is any hazardous waste at the scene,
like leaking fuel or a downed power line.
After calling 9-1-1 at the scene, there are measures you can take to both ensure your safety and
improve your case for filing a truck accident claim.
Don’t Refuse Medical Care
Communicate all your injuries with the paramedics and first responders at the scene. If they
suggest you should be checked out at a hospital, do not refuse. If you refuse or delay medical
treatment after an accident, insurance companies could easily deny your injury case by
suggesting your injuries weren’t caused by the accident.
Gather Information from the Truck Driver
Like any vehicle accident, it’s crucial to exchange information with the other driver. Truck
drivers must meet certain driver qualifications and regulations in Florida, so ask for this
information as well, or make sure it’s noted on their commercial driver’s license.
Because a commercial truck was involved, try to collect the following information about the
trucking operation:
▪ Cab’s license number
▪ Contact information of the cab owner (if different from the driver)
▪ Driver’s insurance information
▪ Name of the trucking company that hired or owns the truck
▪ Information regarding the cargo in the truck, if applicable
Collect Evidence From The Scene
Like all personal injury claims, collecting evidence at the scene of the accident is crucial. Of
course, if you were severely injured, this may not be possible. If you can collect evidence, it
helps to gather the following:
▪ Photographs of the accident, including the impact points of the truck and your vehicle
▪ Detailed notes or observations about the accident (note any admission of guilt by the
truck driver)
▪ Talk to witnesses at the scene and gather statements if possible
▪ Note the location of any traffic cameras at the scene
▪ On the next day, have a family member or trusted friend examine the scene, collect
further evidence, and take pictures of anything that may have been moved or tampered
with
Liability in Florida Truck Accidents
Unlike straightforward at-fault car accident lawsuits, liability in a truck driver accident can be
more complicated. This is not only because injuries are more likely to be severe, but also because
there may be multiple parties involved who share the blame for your injuries.
To bring a lawsuit forward in Florida, it’s important to identify every party that may have played
a role in the crash. Assigning liability to the appropriate party’s insurance company can
determine the amount of damages, or monetary compensation, you could receive in a lawsuit.
Who Are the Defendants in Florida Truck Accident Claims?
In some truck accident cases, the trucker is liable for the accident and should be named as the
defendant. However, liability in a commercial truck accident could possibly extend beyond the
driver.
Besides the driver, additional parties who could be held liable in a Florida truck accident include:
▪ Driver’s employer or client
▪ Truck owner
▪ Truck manufacturer (especially if the crash was the result of a defective part)
▪ Third-party contractors or businesses responsible for the cargo
Negligence In Florida Truck Accidents
Any driver on Florida’s roadways, including truck drivers, have a duty of care to protect the
safety of others on the road. This means they must obey traffic laws, keep a proper lookout, and
do whatever is in their reasonable power to avoid an accident.
While this is true for all drivers, truck drivers are held to a higher standard of liability put forth
by the FMCSA and the Florida Highway Patrol Office of Commercial Vehicle Enforcement.
This is because truck accidents have a high risk of damage, destruction, and death.
Truck driver negligence occurs when truck drivers violate these standards, fail to protect other
drivers on the road, and this failure causes an accident. For these cases, you would file a claim
against the at-fault truck driver’s insurance company.
Truck Accident Damages
Vehicle accident-related damages are often paid out by insurance companies. Insurance
companies may routinely submit low offers to avoid paying out significant fees to cover your
injuries. However, because semi-truck accidents are likely to cause serious injuries, there could
be millions of dollars at stake.
You’ll need a skilled and qualified personal injury lawyer to get insurance companies to pay out
a fair value of your trucking accident case.
If you were involved in a truck accident that caused severe injuries, a Jacksonville truck accident
attorney could get the insurance company to compensate you for:
▪ Medical bills or expenses
▪ Future medical costs
▪ Permanent disability or disfigurement
▪ Lost wages and future lost income from an incapacity to work
▪ Wrongful death
How Nooney, Roberts, Hewett & Nowicki Can Help You
If you hire us, we help you collect damages for your claim. We will likely try to prove
negligence. This means we will need to find crucial information or evidence that proves
negligence on the part of the truck driver or the trucking company’s enforcement of compliance.
If you file an injury claim against the truck driver or another liable party, they’ll likely be
represented by a lawyer. It’s crucial to hire a truck accident lawyer who can issue a subpoena to
make the defendants hand over any evidence that could help your case. Call our office at (904)
398-1992 or fill out a fast and convenient form to schedule a free initial consultation!
