Truck collisions are among the most dangerous and devastating incidents on America’s roads, but one significant figure may surprise you: Florida is third among all US states in terms of fatal truck accidents, according to the FMCSA. In the 102,000 truck accidents that cause injuries, hundreds of thousands of victims suffer significant injuries. Fortunately, in a truck accident, victims and their families have the legal authority to pursue the at-fault driver. As is the case with any legal problem, numerous laws and statutes apply, some of which are critical to understand.
Unlike other states in the US, Florida follows a no-fault policy when it comes to car accidents. In most circumstances, you would submit a claim with your own auto insurance provider, and you would not be required to prove that the other driver was at fault. Unless you have incurred substantial bodily harm, you will only be able to recover a part of your losses. However, if you were seriously injured in a truck accident, you can seek compensation by making a claim with the driver’s insurance company.
If you suffered serious injuries, you will have to establish fault with the truck driver’s insurance company. You’ll need proof that the truck collision was caused directly by the operator’s failure to drive safely in order to establish your right to monetary damages. Speeding, driving when inebriated or distracted, running red lights, or making erratic lane changes and turns are just a few examples of negligence.
Every U.S. state has a deadline for filing a lawsuit in a truck accident case, and Florida’s statute of limitations is four years. The clock begins on the day of the accident. You will not be able to obtain any compensation for your losses if you do not bring a lawsuit before the statute of limitations runs out.
In a truck accident claim, Florida law also considers the victim’s negligence. Your own careless driving behavior, such as the instances given above, may result in a reduction in your monetary damages. The percentage of fault due to the victim is used in comparative fault principles. After a truck accident, these laws may have an impact on your rights, which is why having an experienced Florida car accident attorney on your side is essential.
James Piccolino Law, P.A. can combine his unique medical knowledge from years of practicing chiropractic medicine with the legal knowledge of truck accident cases to help you seek justice. Visit James Piccolino Law online to request a consultation.