Truck Accident Attorney in Plantation, Florida
Accidents involving trucks, semi-trucks, and 18-wheelers are often devastating and can result in catastrophic injuries and sometimes even death. Unfortunately, these accidents are becoming more and more common. According to recent statistics from the Florida Traffic Crash Facts Annual Report, there were more than 32,000 traffic accidents involving medium or heavy trucks statewide in 2019. If you or someone you love has been hurt in a truck accident, you have the right to pursue compensation for your injuries.
Here at my firm, the Law Offices Of Garry F. Connell, PA, I am dedicated to providing experienced legal guidance and support to truck accident victims and their families. As your legal counsel, I can evaluate and investigate every detail of your case and explore all possible legal options that you have to recover damages. As a knowledgeable Florida personal injury attorney, I will fight diligently to protect your legal rights, hold the responsible parties liable, and help you seek rightful compensation for your injuries, property damages, and any additional pain and suffering.
My firm is proud to represent clients in Plantation, Florida, and the surrounding communities of Hollywood, Miami, and Fort Lauderdale. If you would like to learn more about how I can help you with your truck accident case, call or reach out today to schedule your own free case evaluation.
Florida Laws Affecting Truck Accidents
Under Florida laws, the driver of any vehicle involved in an accident that results in an injury is required to stop and provide "reasonable assistance" to the accident victims. You are also required to report the incident to the nearest law enforcement office. Leaving an accident scene without fulfilling these requirements under state laws may result in third-degree or second-degree felony charges.
Florida Trucking Rules & Regulations
There are a number of different rules and regulations pertaining to trucking and truck drivers that all drivers on the road should be aware of. Some of the most notable rules and regulations include:
Under Florida regulations, a maximum of 80,000 pounds is allowed on interstate and intrastate highways.
Truck drivers must observe a 10-hour or 11-hour daily limit if carrying passengers or cargo, respectively.
Florida state laws prohibit driving a commercial motor vehicle with a BAC level of 0.04% or more. Also, truck drivers must consent to alcohol tests at any time.
Under Florida laws, truck drivers must drive safely and leave at least 300 feet between the motor vehicle ahead and the front of the truck.
All drivers must have the licenses and qualifications required for driving trucks in the state.
Statute of Limitations
According to Florida Statutes Section 95.11(3)(a), any action to recover damages for personal injury must be commenced within four years from the date of the accident or injury. Additionally, any action to recover wrongful death damages must be filed within two years of the date of the victim's death. It’s important to note that the clock for filing either a personal injury claim or wrongful death claim begins ticking from the date of the accident or death respectively — not from the date the injuries were discovered or when treatment began.
Assessing Liability in a Truck Accident
Based on the surrounding circumstances that led to the incident, a number of different individuals or parties may be held liable for damages. These include:
Truck Drivers: The truck driver can be held liable if the accident occurred while the driver was driving impaired, driving fatigued, speeding, committing a traffic infraction, or driving without the required qualifications or license.
Trucking Companies: The trucking company can be held liable for hiring an inexperienced or unqualified driver, or due to poor safety inspection or setting unreasonable expectations on its drivers.
Truck Manufacturers: The truck manufacturer or parts manufacturer can be held liable if the accident occurred due to a faulty part, malfunctioning part, or mechanical failure.
Cargo Loaders: The individuals who loaded the cargo can be held liable for a failure to properly secure, inspect, or balance the loads, thus, resulting in a traffic crash.
Maintenance Personnel: Maintenance personnel can also be held liable if the truck accident occurred as a result of their negligence or oversight when performing their required duties, such as routine maintenance, safety inspections, safety checks, or inspection of the fluids, brakes, engine, and electronic systems.
Filing a Personal Injury Claim
Florida is currently a "no-fault" auto insurance state. This means that under Florida's no-fault system, the accident victims will turn to their own insurance company to recover damages for medical bills and other losses suffered from the accident.
However, if you have suffered a "serious injury," such as significant disfigurement, bone fracture, or significant impairment or disability, you can attempt to hold the at-fault driver responsible for your injuries by filing a personal injury lawsuit or third-party insurance claim against the at-fault party’s insurance.
If You're Representing an Incapacitated Loved One
If you are representing an incapacitated loved one, recovering damages on the victim's behalf requires establishing guardianship. Once the court appoints a legal guardian for the injured person, the guardian can then sue the at-fault party and file personal injury claims on the victim's behalf.
If You're Representing a Deceased Loved One
If the victim lost their life due to the negligent actions of another, the personal representative or executor of the decedent's estate can bring a wrongful death action in Florida courts on behalf of the surviving spouse, children, or other dependents.
How a Skilled Personal
Injury Attorney Can Help
Being involved in a truck accident can be a life-changing experience for everyone involved. Such an incident can cause life-long challenges to your physical, mental, and financial health. Luckily, you don’t have to face these challenges on your own. It is important that you act quickly and hire a skilled Florida personal injury attorney to advocate for your legal rights and work to hold the responsible parties accountable.
Here at my firm, the Law Offices Of Garry F. Connell, PA, I have devoted my entire career to supporting, assisting, and representing clients in their personal injury and truck accident claims. As your attorney, I will:
Thoroughly review all of the facts pertaining to your case
Conduct an in-depth, private investigation into the incident
Gather all relevant information, medical documentation, evidence, and witness testimonies
Determine the full extent of your injuries, accident-related losses, and estimate case-value
Seek to prove fault and establish liability
Handle all communication and help negotiate a fair settlement with the insurance companies
If necessary, take additional legal action in court
Using my knowledge of the laws addressing liability in truck accident cases, I can fight to protect your rights and guide you through the often complex legal process of filing a personal injury or wrongful death claim. Ultimately, I am committed to doing everything I can to help you pursue the compensation you need and deserve for your accident. Call or reach out to my firm today to schedule a free case consultation.
Truck Accident Attorney
Serving Plantation, Florida
If you or someone you love has been injured in a truck accident, you have the right to pursue damages. Contact my firm — the Law Offices Of Garry F. Connell, PA — today to schedule a free consultation. I will fight vigorously to protect your rights and offer you the support and compassionate representation you need in your case. My firm is proud to represent clients in Plantation, Florida, and the surrounding communities of Hollywood, Miami, and Fort Lauderdale — so call today to learn more about how I can help you with your case.