Truck Accidents

The Florida Truck Accident Lawyer You Need for Top Compensation After a Semi-Truck Accident

The minute a crash occurs, the trucking company and its insurance provider are putting their wheels in motion to defend against liability. Their goal? To avoid taking responsibility for the devastation they have caused so they don’t have to pay you the money you and your family are owed. You need to manage your new normal of life with a serious and permanent disability or without a deceased loved one. You need an experienced Florida truck accident lawyer on your side. The Searcy Denney truck accident legal team takes immediate action to protect your right to just compensation.

Our Florida Truck Accident Attorneys Help Accident Victims Recover Top Compensation

Trucks accidents different from car accidents for a variety of reasons. Allow us to clarify that when we say truck accident, we’re not talking about an accident with a Chevy Silverado or Ford F150, we’re referring to accidents involving semi-trucks, 18-wheelers, and big rigs. These trucks are much heavier than standard cars on the road, even recreational trucks like the Ford F150. As a result the injuries from accidents with 18-wheelers and the like are catastrophic. It takes a dedicate team of Florida truck accident attorneys to be able to evaluate the situation and provide the legal help you need to ensure you get the compensation you deserve.

Our attorneys will fight for you to receive compensation for:

• Medical expenses (current and future) – All your current and future medical bills related to injuries you sustained from your accident.
• Lost wages (current and future) – From not being able to work to your full capacity given your injuries
• Pain and suffering
• Permanent disability or disfigurement
• Wrongful death

How Much Can a Florida Truck Accident Lawyer Help Me Recover?

The amount you can recover after a truck accident depends on the costs you incur as a result of your injuries or your loved one’s death. Every case is truly unique, as the details of the victim’s life are crucial factors for determining how much compensation will be awarded. Medical expenses, other out-of-pocket costs, annual income, and pain and suffering are just a small sampling of the factors that go into calculating just compensation for a serious or fatal truck accident.

 

Reasons for Trucking Accidents in Florida

One of the jobs of a Florida truck accident attorney is to determine why the accident happened, whether it was the result of driver negligence; the trucking company’s negligence; a failure on the part of the truck or parts manufacturers; or a combination of all of these. 

Truck Driver Negligence

Truck driver negligence often has a role in causing truck accidents. For instance, many big rig wrecks result from: 

• Truck driver speeding. Because an 18-wheeler driver’s job is completed successfully if they get to where they are going more quickly, it stands to reason they may want to press on the gas pedal a little harder to get their sooner.
• Distracted driving. Mobile phones, tablets and GPS equipment help truck drivers alleviate their loneliness during long stretches on the road, stay in touch with dispatchers, and find best routes. Technology use crosses a line when these devices are being used while operating the truck – which puts everyone in danger. 
• Driving in a reckless manner. Speeding, tailgating, weaving in and out of traffic, and aggressively merging are some common tactics of reckless driving with semi trucks and big-rigs.
• Driver sleep deprivation. To ensure drivers are properly rested and alert to take on their long hauls, there are federal regulations that specify schedules to ensure drivers get enough sleep. These rules must be followed to ensure the safety of other motorist on the road.
• Truck driver DUI. Whether your driving a car or a semi truck, driving while under the influence is never OK and always illegal. We take trucking accidents because of a DUI seriously and will work to ensure justice is served to the victims and their families of this bad decision-making. 

Trucking Company Negligence Explained 

A trucking company has a legal responsibility to follow rules and laws to ensure they are contributing to safe operations that protect other motorists on the road. Just like when a manufacturer fails to put out a safe product, these trucking companies can be held liable if they are negligent and that negligence contributed to or caused your accident. Our truck accident lawyers will consider if there is negligence on behalf of the trucking company by considering:

• We’re there negligent hiring practices? If an unqualified driver was hired, or if the person failed a background check (or the company failed to complete one), or the company ignored signs of medical or substance abuse… these can all be points of negligence.
• Did a driver training failure play a role? Semi truck drivers have to complete special training and have certain licenses. If the driver was not properly credentialed, that’s negligence.
• Was there an hours of service violation? To ensure drivers have the energy to keep their eyes open on the road, there are regulations that outline schedules that drivers of big rigs are required to follow. If a driver was working too long, skipped part of their shift, or was otherwise working when they should be resting, that’s negligence. 
• Was the truck experiencing vehicle maintenance issues? Trucks are big machines and they require maintenance to keep running properly. A lack of timely maintenance, or poor maintenance, or no maintenance at all can create an unsafe environment and lead to accidents.

Manufacturer Liability in Florida Truck Accidents 

When a truck accident is found to be caused by a defective part — such as malfunctioning brakes or faulty tires — the truck’s manufacturer and/or the manufacturer of the parts may be held liable for the resulting damages. Proving manufacturer liability in a trucking accident is a complex process, requiring truck manufacturing industry knowledge as well as experience analyzing manufacturing and maintenance records. It takes the skills of an accomplished and experienced truck accident attorney to establish a strong case for manufacturer liability.

How Fault is Determined in Truck Accidents

Before the judge or jury awards you damages, it is necessary to prove who or what caused the collision. While truck driver negligence is the primary factor in most cases, other causes of liability need to be examined. Uncovering fault is complicated because there could be several parties who share in the blame. A commercial truck driver who owns and operates the truck could be liable for negligence if they operated the truck under unsafe conditions or if they failed to maintain the vehicle properly. Trucking companies, truck part manufacturers, and cargo loading companies are also potential defendants in your lawsuit. Our truck accident attorneys will examine all possible parties for blame in order to maximize damages. 

Our Florida Truck Accident Lawyers Outline Common Examples of Negligent Truck Driving

Behind the wheel of a large commercial truck, even minor mistakes can lead to loss of control. But many truck drivers make mistakes that are not minor — speeding recklessly, looking at their phones, and even falling asleep in the driver’s seat. Regardless of the specific issue involved, poor driving is justification for holding truck drivers and their employers accountable. 

Our lawyers in help truck accident victims and families in West Palm Beach, Tallahassee, Tampa, and throughout Florida seek just compensation for truck driving mistakes such as:

Distracted Truck Driving

Distracted driving is a leading cause of all motor vehicle collisions—truck accidents included. While truck drivers need to be paying attention to the road at all times, studies have shown that distracted driving is extremely common. This includes forms of distraction such as:

• Talking on the phone
• Texting
• Using social media
• Reading a map or setting GPS directions
• Communicating with dispatch
• Eating and drinking
• Reading the news and watching videos

Driving Under the Influence (DUI)

Driving under the influence (DUI) is a common factor in commercial truck accidents as well. In Florida, the “legal limit” for truck drivers is a blood alcohol concentration (BAC) of 0.04 instead of the standard 0.08 BAC for non-commercial drivers—and there is a very good reason why. Behind the wheel of a large commercial truck, even the slightest impairment can prevent drivers from making smart decisions and safe maneuvers that avoid serious and fatal collisions.

In addition to alcohol impairment, drug impairment is a concern in truck accident cases as well. This includes impairment caused by illegal drugs, prescription drugs, and over-the-counter medications.

Fatigued Truck Driving

Truck drivers often spend their entire day behind the wheel, and many drive late into the night. As a result, fatigue is to be expected. But, when truck drivers get fatigued, they need to stop. Federal regulations not only limit the number of consecutive hours truckers can drive, but they also establish minimum rest periods between stints behind the wheel. Unfortunately, many truck drivers ignore these restrictions (or get pushed to violate them by their employers), which means that fatigue plays a role in many large truck accidents.

Co-Driver Negligence

For long hauls, two drivers will often share driving responsibility. In most cases, the driver behind the wheel will be responsible when an accident occurs, but there are circumstances in which a co-driver can be liable. If you were injured in a truck accident involving co-driver negligence, our truck accident lawyers can help you seek just compensation.

Failure to Control Oversized Trucks

Oversized and overloaded trucks present particular driving challenges, and they present certain risks for the occupants of other vehicles. Swerving, waiting too long to break, turning too sharply and other mistakes can easily cause oversized truck drivers to lose control.

Failure to Control Trucks in Bad Weather

Heavy downpours and high winds can make Florida’s roads dangerous for all motorists. But, for truck drivers, the dangers are often exceptionally high. A wet road can significantly increase a large truck’s stopping distance, and high winds can push tractor-trailers out of their lanes. Truck drivers are (or should be) trained to avoid these risks, but not all of them are equipped to do so.

Failure to Prevent a Jackknife

Jackknifing tractor-trailers present extreme risks on Florida’s highways and other roadways. Truck drivers can avoid these accidents by driving safely, leaving plenty of buffers, and gradually slowing down. As a result, when truck drivers fail to avoid these accidents, they (and their employers) can usually be held legally responsible.

Speeding, Tailgating, and Other Forms of Aggressive Driving

Just like other drivers, large commercial truck drivers need to obey all of the rules of the road. Among other things, this means observing the speed limit, following at a safe distance and only passing when it is safe to do so. Yet, many truckers choose to drive aggressively—and when they do, they often end up making mistakes that lead to catastrophic accidents.

Wide-Turn Errors

Tractor-trailers and other large commercial trucks need to make wide turns to avoid running over sidewalks and hitting signposts and streetlights. However, when making wide turns, they must be careful not to go too wide and hit approaching vehicles. Wide turns (and failure to make wide turns) are common causes of commercial truck accidents—and they are common causes that can (and should) be avoided with proper driving.

If you have been injured or lost a loved one in a truck accident caused by poor driving, our lawyers can help. We handle commercial truck accident cases throughout Florida, and we have recovered millions of dollars in compensation for our truck accident clients. Our law firm can thoroughly investigate the accident to prove that the trucker’s poor driving was to blame, and we can seek full compensation for the financial and non-financial costs of the collision

What Should I Do After a Truck Accident?

As soon as you retain Searcy Denney, our legal team jumps into action, meeting and often exceeding the efforts and skills of our trucking company adversaries. Before the accident scene is cleared and witnesses and important evidence disappear, your Florida truck accident law firm will dispatch experts to:

• Gather contact information from anyone at the scene who had a point of view of the accident 
• Take photographic or video evidence of the scene to help determine traffic patterns, weather and other crucial points about your accident.
• Observe the driver’s demeanor for signs of intoxication, exhaustion or agitation

While all that is what we can do for you immediately at the scene, there is much more that we will handle in the aftermath. We work with experts in road design and accident reconstruction. We rely on their expertise and technology to help us recreate the accident to help prove fault. The evidence we gather at the scene of your accident – or that we collect from you i the days following your accident – help us immensely in growing the strength of our case.

Why You Need a Florida Truck Accident Lawyer

Because tractor-trailer accidents happen so frequently, trucking companies and their insurers maintain an at-the-ready defense team whose sole purpose is to try to eliminate — or at least mitigate — the driver and/or company’s responsibility for the accident that has caused you so much suffering. To succeed against their well-oiled defense machine, you need a strong and aggressive legal team of your own. It is important that this team is headed up by a Florida truck accident lawyer whose law firm has a track record of fighting the trucking and insurance companies and succeeding. 

Personal injury law firms in Florida are not created equally. When you’re considering hiring a lawyer be aware that these cases, with catastrophic injuries, or even death, require a financial commitment for your law firm. Smaller firms may not be able to dedicate the financial resources to ensure your case is handled properly. At Searcy Law we have the financial backing to hire reconstructionist, experts, and other investigators to ensure we’ve looked in every corner to maximize your compensation. 

Our Truck Accident Case Results

As a top personal injury firm with a 45-year history of securing large verdicts and negotiating multi-million-dollar settlements for our clients, every time a Searcy Denney lawyer takes on a Florida truck wreck case, the opposing side knows that our client means business. This is evident with our track record of success in pursuing negligence claims in commercial vehicle accident cases. We are fierce negotiators, and we are not afraid to battle it out in the courtroom, a fact that is not lost on our adversaries who want to avoid the expense of a lengthy trial. Included among our case results are:

• $17.5 Million Settlement for Family in Horrific Crash Caused by Tired Truck Driver
• $13+ Million Awarded for Death Caused by Fuel Truck Collision
• $10 Million Judgment Against Big Trucking Company for Motorcyclist’s Injuries
• $6.9 Million for Serious Injuries Caused by a Garbage Truck Accident
• $2 Million Settlement for Fatal Crash Caused by Inattentive and Irresponsible Truck Driver
• $1.1 Million Settlement For Truck Driver with Devastating Injuries in Crash Gets 
• $1 Million Settlement for a High School Student Who Suffered a Brain Injury in Truck-Auto Crash

Commercial Motor Vehicle Accidents in Florida

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) publishes annual statistics on accidents involving trucks and other commercial motor vehicles in the state. Here are some of the latest statistics available (based on the FLHSMV’s Traffic Crash Facts Annual Report 2022 and its provisional data for 2023):

• Total Crashes Involving Medium and Heavy Trucks (More Than 10,000 Pounds): 35,676
• Incapacitating Crashes Involving Medium and Heavy Trucks: 107
• Fatal Crashes Involving Medium and Heavy Trucks: 29
• Total Crashes Involving Cargo Vans: 6,480
• Incapacitating Crashes Involving Cargo Vans: 45
• Fatal Crashes Involving Cargo Vans: 7
• Total Crashes Involving Buses: 7,283
• Incapacitating Crashes Involving Buses: 11
• Fatal Crashes Involving Buses: 0
• Total Commercial Vehicles Placed Out of Service for Safety Violations (2023): 13,663
• Total Commercial Vehicle Drivers Placed Out of Service for Safety Violations (2023): 7,214

The FLHSMV also tracks total commercial vehicle accidents by county. Based on the FLHSMV’s data, the following counties are among those with the highest numbers of commercial vehicle accident crashes and fatalities in 2022:

• Miami-Dade: 8,522 crashes and 23 fatalities
• Broward: 4,613 crashes and 22 fatalities
• Palm Beach: 3,074 crashes and 14 fatalities
• Hillsborough: 3,132 crashes and 7 fatalities
• Duval: 2,803 crashes and 10 fatalities
• Orange: 2,747 crashes and 15 fatalities
• Lee: 1,946 crashes and 8 fatalities
• Brevard: 1,011 crashes and 7 fatalities

Deadly Truck Accident Statistics in the U.S.

The Federal Motor Carrier Safety Administration (FMCSA) publishes an annual report on large truck and bus crashes in the United States. This report includes data on crashes involving deadly truck accidents. Here are some of the most noteworthy figures from the FMCSA’s most recent Large Truck and Bus Crash Facts report:

• Total Fatal Crashes Involving Large Trucks and Buses: 5,904
• Large Trucks Involved in Fatal Crashes: 5,700
• Large Truck Occupant Fatalities: 1,022
• Total Fatalities in Large Truck Crashes: 5,991
• Rate of Fatal Crashes Involving Large Trucks (Per 100 Million Vehicle Miles Traveled): 1.74

As you can see from these statistics, fatal crashes involving large trucks are alarmingly common (more than 12 per day in the U.S.), and the vast majority of victims are pedestrians, cyclists, motorcycle riders and occupants of passenger vehicles. This is unfortunate; and, simply put, there is no excuse for the number of innocent victims who die in truck accidents in the U.S. each year. These statistics underscore the importance of truck accident victims and their families holding negligent truck drivers and trucking companies accountable—and, if you have tragically lost a loved one in a fatal accident involving a large commercial truck, you should speak with a lawyer as soon as possible.

Federal Trucking Safety Regulations and Your Legal Rights

Each year, thousands of commercial trucks and commercial truck drivers are removed from Florida’s roads due to safety violations. This includes violations of the federal trucking safety regulations. Since these regulations exist specifically to help keep drivers and passengers safe, when trucking companies and truckers violate them, they can be held fully accountable under the law.

Proving a safety violation (or any other cause of a serious or fatal truck accident) requires an experienced truck accident attorney. When you hire an attorney at Searcy Denney, your attorney will investigate your (or your loved one’s) truck accident right away. In addition to sending an investigator to the scene of the accident, this will also involve gathering evidence from various other sources.

For example, one of the most common safety violations involves exceeding the federal “hours of service” restrictions. If the truck driver who hit you or your loved one had spent too many hours behind the wheel, your attorney can obtain the trucking company’s internal records to prove it. From the trucker’s driving log to the truck’s tracking data, various forms of internal documentation may be available.

Liability Considerations and Complexities in Truck Accident Cases

Filing a claim for a truck accident in Florida is very different from filing a claim for a “normal” vehicle collision. There are additional liability considerations and complexities involved, and trucking companies will fight to avoid liability by all means available. Some examples of the issues that you may need to rely on your Florida truck accident attorney to help you overcome include:

Determining the Specific Cause(s) of the Accident

Part of the complexity of commercial truck accident cases has to do with the complexity of commercial trucks themselves. Commercial trucks are extremely complex vehicles, and there is a lot that can go wrong. Likewise, from driving while distracted to driving under the influence (DUI), truck drivers can make numerous mistakes behind the wheel. To file a successful claim, you must be able to determine the specific cause(s) of your (or your loved one’s) truck accident. This is one reason why it is critical to hire an experienced Florida truck accident attorney to conduct a thorough investigation as soon as possible.

Vicarious Liability for Truck Driver Negligence

While some truck drivers are owner-operators, many are employees of trucking companies and other businesses. Under Florida law, trucking companies and other businesses can be held vicariously liable for their drivers’ negligence behind the wheel.

However, trucking companies and other businesses will attempt to dispute vicarious liability in many cases. For example, they may try to argue that a truck driver was operating on personal time, or that a trucker was not acting “within the scope of their employment” when they were drunk behind the wheel. While these defenses can often be overcome, overcoming them successfully requires experienced legal representation.

Direct Liability for Safety Violations

In addition to facing vicarious liability for their drivers’ negligence, trucking companies can also face direct liability for safety violations (i.e., allowing or encouraging their drivers to exceed the federal “hours of service” restrictions). When trucking companies know they have violated the law, they will often fight to avoid disclosing the internal records that prove it, so working with an experienced Florida truck accident attorney who can effectively assert your legal rights is critical here as well.

Direct Liability for Other Truck-Related Issues

Along with safety violations, trucking companies (and truck manufacturers) can be held directly liable for other truck-related issues. Generally, trucking companies can be held liable for failing to conduct adequate maintenance, while truck manufacturers can be held liable for selling trucks that are defective when they leave the factory. Both of these are unique types of claims that require in-depth knowledge of the specific legal principles involved.

Accusations of Comparative Negligence

Trucking companies and truck manufacturers will often try to avoid (or at least minimize) their liability by accusing victims of being partially responsible for their own injuries. These accusations implicate Florida’s “comparative negligence” law, which states that:

• Truck accident victims who are 50% or less at fault will have the amount of their financial recovery reduced based on their percentage of fault; and,
• Truck accident victims who are 51% or more at fault are not entitled to any financial compensation.

Accusations of comparative negligence can have a major impact on the value of your claim, so it is critical to make sure the defendants in your case do not accuse you (or your loved one) of being partially at fault unfairly. When you hire a Florida truck accident attorney at Searcy Denney to represent you, your attorney will use the available evidence to help make sure you receive the full compensation you deserve.

Florida Laws that Impact Victims’ and Families’ Rights After Serious and Fatal Truck Accidents

In addition to the laws that apply to personal injury and wrongful death claims generally, Florida also has laws that apply specifically to truck accidents. When you have a claim for a serious or fatal accident, these laws can help you establish your legal rights and hold the truck driver or trucking company accountable.

For example, Section 316.302 of the Florida Statutes governs the operation of large commercial trucks on Florida’s roads. The federal trucking safety regulations apply to truck drivers and trucking companies in Florida as well. Under Section 316.302 and these regulations, some examples of truck drivers’ and trucking companies’ obligations include the following:

• Truck drivers must be at least 21 years old to drive across state lines. Trucking companies can only hire commercial truck drivers who are 18 years of age or older.
• All truck drivers must be able to understand English well enough to read road signs, write in their driving logs and communicate with the police and other officials.
• All commercial truck drivers in Florida must have a valid commercial driver’s license (CDL). To obtain a CDL, truck drivers must have at least 20/40 vision in each eye and a field of vision of at least 70 degrees.
• Truck drivers can drive no more than 16 hours after taking a 10-hour break.
• Truck drivers must avoid driving more than 70 hours in a seven-day period or more than 80 hours in an eight-day period. If a truck driver reaches either of these limits, the driver must take off at least 34 hours before getting back behind the wheel.
• Most commercial truck drivers must maintain a logbook where they record their driving hours. These logbooks are subject to inspection by the U.S. Department of Transportation (DOT), and they can be used as evidence following a serious or fatal truck accident. 

Call an Experienced Florida Truck Accident Attorney at Searcy Denney for Help Today

As soon as you or a loved one are in an accident with a large commercial vehicle, it is critical to your case for financial compensation and recovery that you contact an experienced Florida truck accident lawyer as soon as possible. To schedule an appointment with a Searcy Denney truck wreck attorney, please fill in our Contact Form or call us at 800-780-8607 to arrange for your free, confidential consultation at our Tampa, West Palm Beach, or Tallahassee office. No recovery, no fee.