Commercial trucks increase highway fatalities.
The United States Department of Transportation Traffic Safety Administration announced in October 2018 that 2017 highway fatality numbers are down compared to the two years prior, but still estimates over 500,000 truck accidents every year, of which 81% occur in multi-vehicle crash situations. Every 16 minutes a person is injured or killed from a truck accident
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.
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.
Determination of fault.
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, physical or mental injury negatively affecting activities of daily living, 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.
Statute of limitations.
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.
Contact an attorney.
Compensation will be based up a review of psychological injuries, bodily injury, liability insurance including uninsured motorist coverage, lost wages, loss of income, medical bills, physical damages to the vehicle, and percentage of fault. A personal injury attorney at the Law Office of Pappas & Russell will be able to assist with the burden of collecting and analyzing the data related to a truck accident.
Law Office of Pappas & Russell
213 Silver Beach Avenue
Daytona Beach, Florida 32118