Truck accidents often have serious consequences. If you or a loved one has been seriously injured in a truck accident, you could be facing significant and long-term losses. You may be entitled to financial compensation (the statistics show that most truck accidents are the truck driver’s fault), but you will need experienced legal representation to recover the compensation you deserve.

To maximize your chances of a financial recovery, you will need to make informed decisions. The more you know, the more you can do to protect yourself and your family.

10 Frequently Asked Questions (FAQs) About Truck Accident Claims in Florida

With this in mind, here are the answers to 10 frequently asked questions (FAQs) from the Florida truck accident attorneys at Searcy Denney:

1. What Should I Do After a Truck Accident in Florida?

If you need to file a claim for a truck accident in Florida, seeking help should be your first priority. You should make sure that you or your loved one receives all necessary medical treatment as soon as possible, and you should schedule a free consultation with an attorney promptly.

2. Does My Auto Insurance Cover Me After a Truck Accident?

Your Personal Injury Protection (PIP) coverage applies after a truck accident. This is “no-fault” coverage, and you can use it to help offset your medical bills and lost wages regardless of who (or what) caused the collision. If you have Uninsured/Underinsured Motorist (UIM) coverage, you may be able to use this as well, though this will generally be a last resort if you don’t have other claims available.

3. Is the Trucking Company Liable for My Injuries?

Trucking companies are liable for truck accidents in many cases. Under Florida law, trucking companies can be held liable when their drivers cause accidents and when inadequate maintenance leads to a failure (i.e., tire failure or brake failure) on the road. Trucking companies can also be held liable for cargo-related accidents in many cases, although, in a tractor-trailer accident, the company that loaded the shipping container may be liable.

4. What if the Truck Driver Said They Are an Independent Contractor or Owner-Operator?

Some truck drivers are independent contractors or “owner-operators.” This means that they transport shipments for hire. If the truck driver who hit you or your loved one is an owner-operator, the truck driver should have liability insurance—and you should be able to file a claim under his or her policy.

5. How Do I Prove the Truck Driver Was At Fault?

Proving fault in a truck accident requires a prompt and thorough investigation. When you hire an attorney to represent you, your attorney will send an investigator to the scene of the accident promptly. Your attorney will likely work to gather evidence from other sources as well, including driver logs and maintenance records from the trucking company. Depending on the circumstances, traffic camera footage, eyewitness statements, and various other forms of evidence may also be available.

6. How Much Can I Recover After a Truck Accident in Florida?

The amount you can recover after a truck accident in Florida depends on the consequences of the collision. Generally speaking, truck accident victims and their families can seek just compensation for all of their financial and non-financial losses, including their emotional trauma. Crucially, this includes both losses incurred through the date of your claim and losses that you are likely to incur in the future—which could easily make up the largest portion of your claim.

7. Can a Truck Accident Lawyer Help Me Recover Just Compensation?

A truck accident lawyer will be able to use his or her knowledge and experience to help you see the full compensation you deserve. Your lawyer will be able to negotiate on your behalf, and take your case to court if necessary. Truck accident cases present many unique challenges, so it is important to have experienced legal representation.

8. How Much Do Florida Truck Accident Lawyers Charge?

Most truck accident lawyers in Florida (including the lawyers at Searcy Denney) represent clients on a contingency fee basis. This means that your legal fees, if any, will be calculated as a percentage of your settlement or verdict. You will not have to pay anything upfront, and if your truck accident claim is unsuccessful for any reason, you will owe nothing.

9. What if the Insurance Companies Blame Me for the Accident?

When you file a truck accident claim, you need to be prepared for the insurance companies to blame you (or your loved one) for the accident. This is a common defense tactic, and it is one that can be both disheartening and frustrating. But, you should not let the insurance companies convince you that you (or your loved one) did anything wrong. Determining fault requires a thorough and unbiased legal analysis of the evidence that is available. Your lawyer can help make sure that you do not fall victim to false accusations.

10. Do Most Truck Accident Claims Settle in Florida?

Most successful truck accident claims settle. It is relatively rare for truck accident cases to go to trial—though some victims and families will need to go to court to recover the financial compensation they deserve. While our lawyers will negotiate to secure a favorable settlement on your behalf, we will also tell you if it is in your best interests to present your case to a judge. We are committed to recovering maximum compensation for our clients, and when you choose our firm to represent you, we will be prepared to do whatever it takes to recover the compensation you deserve.

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