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Methods of Compensation for Truck Accident Injuries in Orlando, Florida


— August 8, 2022

Drivers of big rigs and tankers must have proper training and licensure to handle and maintain their vehicles in a safe manner.


Fatalities caused by truck accidents in 2020 numbered 4,965 and decreased by 1% from the previous year, revealing that 71% of passengers killed were occupants of other vehicles. Tractor trailer truck accidents are catastrophic because of the size discrepancy between a big rig and a passenger vehicle, the cargo weight distribution, and the possibility of toxic spills, or fires when a commercial truck is carrying flammable liquids and pressurized gases. Accident victims who have suffered loss due to roadway damage caused by a big rig should consult with Orlando truck accident lawyers to determine actions toward damage compensation.  

Damage recovery

Orlando accident lawyers can assist victims as they file legal claims against the trucking company employing the driver, and/or the driver, maintenance personnel, and trucking parts manufacturers, depending on the circumstances of the accident and whether it was driver error or mechanical error. A professional attorney will navigate further actions with insurance and in court filings when it is necessary to cover losses beyond insurance policy limits. 

Truck accidents result in extensive damage and injuries

United States highway statistics reveal over 500,000 truck accidents occurring every year and most of those are involved in multi-vehicle crash situations. Due to their size, braking distances, and maneuverability, once challenged in a roadway endeavor, trucks can cause expansive property damage and death or catastrophic life-changing injury. 

CDL licensure and driving records

Drivers of big rigs and tankers must have proper training and licensure to handle and maintain their vehicles in a safe manner. It is the law to have a commercial driver’s license to drive a load-carrying vehicle. When seeking compensation for the damages incurred after an accident, the status of a CDL and clean driving records will have some impact in a legal action for damages, when negligence will need to be proven.

Insurance

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The tractor trailer requires 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); and certain trucks and commercial vehicles in the State of Florida must carry bodily injury liability protection against claims for personal injuries for victims of a truck accident. The extra insurance is necessary when a 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/or carries a load that may be considered hazardous.

Contact an attorney

Accident victims can file insurance claims in Florida, but under Florida’s No-Fault Insurance Law, costs incurred due to an accident will be paid primarily from a victim’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. 

Compensation will be based upon a review of property damage, physical injury, liability insurance coverages, and fault assignment. A Florida attorney who specializes in truck accidents will be able to assist with the burden of collecting and analyzing the data related to an accident that caused extensive losses near Orlando Florida.

Sources:

  1. Commercial Driver License – Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov)
  2. http://www.flsenate.gov/Laws/Statutes/2011/627.7415

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