It takes a single mistake by a truck driver who isn’t paying attention to cause a devastating accident. Unfortunately, accidents between large trucks and passenger vehicles can significantly impact your health and financial future.
Fully loaded commercial trucks on Florida roads and highways can weigh up to 40,000 pounds, significantly more than the average passenger car, which weighs around 3,000 pounds.
The cost of this type of accident is more than financial. You may experience injuries that affect you for the rest of your life, or someone may lose their life. If you are in this situation, it is essential to learn your legal rights. At Joe Horrox Law, you can have an experienced attorney advocate on your behalf and help you secure the compensation you are entitled to.
Florida Laws That Impact Your Truck Accident Claim
Florida is ranked third among all states regarding fatal truck accidents. While true, there are laws in place to help prevent accidents and hold the liable party accountable when they occur.
Florida Fault Laws
Unlike some other states, Florida is a no-fault state. This means after any accident, you file an insurance claim with your auto insurance provider first. However, due to the significant injuries and damage caused by truck accidents, the limited payout from your Personal Injury Protection (PIP) policy will probably be needed. This is when you can work with an experienced truck accident attorney and file a claim against the at-fault party.
Comparative Negligence in Florida
One of the key legal principles that could affect your claim is the law of comparative negligence. Florida follows a “modified comparative negligence” model, which means that you can only recover damages if you are found to be 50% or less at fault for the accident.
It is important to note that the percentage of your fault reduces the compensation you receive. For example, if you were 20% at fault and your damages amounted to $100,000, you could still receive $80,000 in injury compensation.
Statute of Limitations
Don’t wait to file a truck accident claim in Florida. The state imposes a two-year statute of limitations for personal injury claims, starting from the accident date. If you miss this deadline, you could lose your right to seek compensation. Therefore, it’s crucial to consult a truck accident lawyer in Florida as soon as possible after the accident to get your claim started on the right foot.
Trucking Industry Regulations
Federal and state laws govern the operation of commercial trucks in Daytona Beach and throughout Florida. These regulations set safety standards that truck drivers and trucking companies must follow. If a trucking company or driver violates these rules, they may be liable for your injuries. Some of the key regulations include:
- Hours of Service Rules: To prevent driver fatigue, there are limitations on how many hours a truck driver can operate without taking a break.
- Vehicle Maintenance: Trucks must be adequately maintained and inspected regularly.
- Weight Limits: Overloaded or improperly loaded trucks are a major safety hazard.
If any of these regulations are violated, it strengthens your claim for injury compensation.
What to Do After a Truck Accident
Knowing the right steps to take immediately after a truck accident can greatly impact the success of your claim. Here’s a quick guide:
- Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries manifest later.
- Report the Accident: Call the police and ensure a formal report is made.
- Gather Evidence: Take photos, collect witness contacts, and keep all medical records.
- Consult a Lawyer: Contact a truck accident lawyer in Florida for specialized guidance tailored to truck accident claims.
How a Truck Accident Lawyer in Florida Can Help
Navigating the legal maze after a truck accident can be complex. An experienced lawyer can help you in several ways:
- Investigating the accident thoroughly to determine fault.
- Negotiating with insurance companies to ensure you receive fair compensation.
- Filing and presenting your case in court if a settlement isn’t reached.
Contact Joe Horrox Law for Help with Your Truck Accident Claim
Understanding the state laws that govern truck accidents in Daytona Beach is crucial for anyone looking to make a claim for injury compensation. From modified comparative negligence to the statute of limitations and trucking industry regulations, these laws will significantly impact your claim. Consult a seasoned truck accident lawyer in Florida to ensure you get the professional guidance and representation you need.
If you or a loved one has been involved in a truck accident in Daytona Beach, don’t hesitate to seek legal help immediately. With the right support and information, you can get the compensation you deserve to recover and move on with your life.