Compliancy may impact negligent claim.
If a truck driver with a commercial driver’s license was not compliant with CDL state regulations leaving them in a situation where the CDL should have been suspended or revoked by the State of Florida and an accident occurred during this period, there could be issues with the State. Legal claims may be made against the trucking company employing the driver, and/or the driver, depending on the circumstances of the suspension or revocation.
Commercial trucks increase highway fatalities.
Every 16 minutes a person is injured or killed from a truck accident in the United States even though there has been a reduction in highway fatalities. There are over 500,000 truck accidents occurring every year and most of those are involved in multi-vehicle crash situations. There are certain insurance requirements specific to commercial vehicles that are called upon when an accident occurs regarding liability.
Commercial Motor Vehicles require additional liability insurance under Florida Statute 627.7415. Florida Statute 627.7415 State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL).
Bodily Injury Insurance. Certain trucks and commercial vehicles in the State of Florida must carry bodily injury liability coverage, which is additional protection against claims from others for personal injuries an accident with a truck. This extra insurance may be necessary if the truck is of a certain gross weight; has three or more axels, owned or driven by a governmental entity, is used for interstate versus intrastate travel and carries a load that may be considered hazardous.
Damage recovery through insurance and legal action.
Accident victims can file a personal injury claim in Florida, but under Florida’s No-Fault Insurance Law, costs incurred due to an accident will be paid primarily from a claim against the injured person’s own insurance company to cover non-serious injuries. The Florida No-Fault Law requires drivers to carry PIP to pay the insured’s bills, regardless of fault, up to the limit of the $10,000. Extensive personal injuries, damage and wrongful death often result from accidents involving tractor trailers due to their increased size and weight over that of a passenger vehicle and could meet the serious injury threshold requirement, impacting monetary settlements between parties.
If a truck driver, or their employer, knew they were operating with a suspended or revoked CDL and it resulted in an accident, negligence may be more easily proven. If a truck driver is found to be at fault for the accident, a separate legal claim can be lodged for more serious personal injuries and losses such as those that cause permanent damage, scarring, incapacitation through physical or mental injury, bodily deformity and loss of life or limb. An at-fault truck driver and/or their insurance company, or the owner of the truck, if it is not the driver, can be sued for assessed damages and future losses caused by the accident.
Pure comparative Negligence (51% Rule). Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.
Time to file.
Generally, the statute of limitations for a personal injury car accident claim in Florida is four (4) years, so the paperwork needs to be initiated before this time has passed. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the four (4) year period following the accident.
Compensation will be based upon a review of property damage and bodily injury, liability insurance including uninsured motorist coverage, lost wages, loss of income, medical bills and percentage of fault assigned to accident parties. A personal injury attorney at the Graham Law Group will be able to assist with the burden of collecting and analyzing the data related to a truck accident.
Graham Law Group, LLC
140 South Beach Street, Suite 310
Daytona Beach, FL 32114