If the crash was caused by speeding, distracted or reckless driving, your lawyers will file a claim against the trucker’s insurance.
Jacksonville, FL – Ever wondered how many truck accidents are there in Florida? More than 100 every single day and many of them result in horrific injuries or death. They are certainly less numerous than crashes between regular cars, but they are more complex and you may need experienced Jacksonville truck accident lawyers to help you with your claim.
Here’s what you need to know about truck accidents in Florida.
Why are truck accidents different from passenger car crashes?
The most obvious difference is that in size – a fully loaded truck can wreck a regular car in a high-speed impact. Unfortunately, the savvy lawyers trucking companies have on their payroll can also wreck your claim. You should get your own Jacksonville accident lawyers just to level the playing field.
However, the most important difference is that in a truck accident you may have multiple parties liable for damages.
Who can be held accountable in a truck accident?
If the crash was caused by speeding, distracted or reckless driving, your lawyers will file a claim against the trucker’s insurance.
On the other hand, if the truck accident was caused by any type of mechanical failure, including brake problems or a blown tire, you may be able to hold the trucking company responsible. Vehicle maintenance is their responsibility according to federal regulations.
If there was a problem with the load, you may be able to hold the shipping company or the cargo’s owner responsible for your damages.
When should I notify the insurance company?
You must notify your insurance company as soon as possible, preferably within a few days. If, by any chance, you get a call from the insurance company representing the trucker or his employer you don’t have to talk to them. Above all, don’t give them any recorded statements. Anything you tell them, any trivial detail can be used against you.
If they contact you, it’s not that they’re sorry and want to make things right by you. No, they’re just trying to trick you into saying something they can use to reduce the value of your claim.
What if I was partly to blame for what happened?
Florida follows the comparative negligence doctrine and you can recover damages even if you were somewhat to blame for what happened. If you were 25% to blame for the crash, your total damages will be reduced by 25%. This can mean a lot of money if you sustained severe injuries and your total damages are estimated at, say, $500,000. Be aware that it’s the insurance adjuster that assigns blame so don’t talk to them if you know you were speeding or you may have been a bit distracted at the time of the crash. If they keep calling, refer the insurance people to your attorneys.
How do I recover damages for a truck accident in Jacksonville?
Since Florida is a no-fault state, you will first turn to your Personal Injury Protection (PIP) policy, which will cover your medical expenses and your lost wages up to your coverage limit. If you have minimum coverage, your PIP won’t be enough to cover your financial losses, not to mention that you cannot recover pain and suffering damages that way.
Your lawyers will file a claim against the insurer representing the trucker, his employer, or both. For that, you need to step outside the no-fault doctrine and prove that the other party was at fault.
Most truck accident claims are settled out of court, but in some cases, it may be necessary to sue and seek compensation. Under Florida law, you can sue someone for an accident only if you sustained serious injuries so talk to a lawyer to see if you meet the threshold.
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