The results of a semi-truck accident can be catastrophic. When these trucks crash into other vehicles, cyclists, or a pedestrian, the injuries and damages are severe due to the sheer force of a large truck that weighs thousands of pounds.
If you or someone you know has been injured in a truck accident, an experienced truck accident lawyer at Weinstein Legal can help you. With a detailed knowledge of Florida trucking and traffic laws, we are dedicated to helping clients fight for their rights. Victims of these crashes deserve compensation for their injuries, lost wages, medical expenses, and mental anguish.
Common Causes of Truck Accidents in Florida
According to recent data from the Florida Department of Highway Safety and Motor Vehicles (2022), the state sees approximately 45,000 commercial vehicle crashes annually, with many resulting in severe injuries or fatalities. Truck accidents in Florida stem from numerous factors, with driver-related issues accounting for a significant percentage of collisions. Driver fatigue remains particularly problematic on Florida’s long highway stretches, where commercial drivers sometimes push beyond safe limits to meet delivery deadlines. Some of the common causes for truck accidents in Florida include:
- Driver inexperience
- Fatigued driving
- Distracted driving
- Failing to obey traffic signs/signals
- Speeding
- Texting and driving
- Failing to adhere to federal regulations
Driver Fatigue and Hours of Service Violations
Driver fatigue represents one of the most dangerous yet preventable factors in truck accidents. The effects of fatigue on driving performance closely mirror those of alcohol impairment, with slowed reaction times, impaired decision-making, and decreased awareness of surroundings.
The FMCSA has established strict hours-of-service regulations to combat this problem. These rules limit commercial drivers to 11 hours of driving after 10 consecutive hours off duty, prohibit driving beyond the 14th consecutive hour after coming on duty, and require rest breaks. Additionally, drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days without taking a 34-hour restart break. Despite these clear regulations, economic pressures and tight delivery schedules often lead to violations.
While the driver may have been the one who caused the accident, in many cases trucking and cargo companies may also be held liable for an accident. If a company hired a driver with a poor record, or if the cargo company failed to load the goods properly, it may have contributed to the crash, and they may be held liable for an accident.
Improper Maintenance and Equipment Failures
Proper maintenance of commercial trucks is not merely a regulatory requirement but a fundamental safety obligation. A fully loaded tractor-trailer with compromised brakes, worn tires, or faulty steering systems becomes an 80,000-pound hazard to everyone on Florida’s roads.
The most common maintenance-related factors in truck accidents include brake system failures, where worn components fail to provide adequate stopping power; tire blowouts caused by underinflation or excessive wear; lighting and signal malfunctions that reduce visibility; steering system problems that compromise control; and coupling device failures that can lead to trailer separations. FMCSA regulations require systematic inspection, repair, and maintenance records for all commercial vehicles, with specific pre-trip and post-trip inspection protocols. Florida state regulations add additional requirements for trucks operating within the state.
Commercial Trucking Regulations and Violations
Successful truck accident cases frequently hinge on identifying violations of trucking industry regulations. These specialized rules provide the framework for determining negligence and building compelling cases for compensation.
The FMCSA establishes comprehensive regulations that govern interstate trucking operations. These include hours-of-service rules limiting driving time to prevent fatigue, driver qualification requirements including medical certifications and background checks, vehicle maintenance standards requiring regular inspections, and specific protocols for transporting hazardous materials. Florida has its own set of trucking regulations that add to federal requirements, creating multiple compliance standards that trucks operating in our state must follow. When trucking companies or drivers fail to follow these regulations, they create dangerous conditions that put everyone on the road at risk.
Common violations that lead to accidents include falsified logbooks where drivers misrepresent their driving hours to meet tight deadlines, inadequate training programs that put inexperienced drivers behind the wheel of massive vehicles, skipped maintenance procedures that lead to mechanical failures, and improper loading techniques that cause cargo shifts or spills. The Weinstein Legal Team leverages deep knowledge of these regulations to examine company records, identify violations, and establish clear links between regulatory failures and client injuries. This specialized approach helps maximize compensation by demonstrating systematic negligence rather than simple driver error.
When these violations occur, they not only establish liability but also create critical evidence needs that must be addressed quickly after an accident.
Evidence Specific to Truck Accident Cases
Truck accident cases provide unique forms of evidence not available in standard vehicle accidents, creating additional opportunities to establish liability when handled properly.
Commercial trucks contain sophisticated data recording systems similar to the “black boxes” found in aircraft. These Electronic Logging Devices (ELDs) and Engine Control Modules (ECMs) record critical information, including vehicle speed, braking patterns, hours of operation, and sometimes even dashboard video. Trucking companies must also maintain extensive documentation, including driver qualification files, training records, maintenance logs, inspection reports, and drug testing results. This documentation creates a paper trail that can reveal patterns of negligence when adequately analyzed.
Time is especially critical in securing truck accident evidence. Trucking companies and their insurers often deploy rapid response teams to accident scenes, and without prompt intervention, critical evidence may be lost, altered, or destroyed. The Weinstein Legal Team works quickly to send preservation of evidence letters, file necessary motions, and, when appropriate, bring in accident reconstruction specialists to document the scene. This proactive approach ensures that valuable electronic data, maintenance records, and other documentation remain intact to support our clients’ claims.
Common Truck Accident Injuries
Many vehicles are safer than ever due to the inclusion of various airbags and other safety devices. Still, semi-trucks can weigh upwards of 80,000 pounds. When compared to a regular sedan weighing 5,000 pounds, the force of a truck can lead to serious injuries regardless of airbags and other safety devices. Some injuries victims may suffer include:
- Spinal cord injuries
- Broken bones
- Lacerations
- Burns
- Traumatic brain injury
- Whiplash
- Heart Attack
- Lost Vision
These injuries can lead to exponentially longer recovery times, high medical bills, and wages lost while the person cannot return to work until they are fully healed. An experienced truck accident attorney near me can help you obtain the compensation you deserve. Schedule a free consultation by filling out our contact form now.
Commercial Truck Accident
The results of a commercial truck accident can be catastrophic. When these trucks crash into other vehicles, cyclists, or pedestrians, injuries and damages are devastating. The sheer force of a commercial truck is a threat of over 80,000 pounds and 28 feet of piercing metal, which can cause life-threatening injuries.
If you or someone you know has been injured or killed in a commercial truck accident, Florida truck accident attorneys at Weinstein Legal can help you secure the compensation for damages that you rightly deserve. With a detailed knowledge of Florida trucking and traffic laws, he is dedicated to helping clients fight for their rights.
Victims of truck crashes deserve compensation for their injuries, lost wages, medical expenses, and mental anguish. Schedule a free consultation with our commercial truck accident attorneys at Weinstein Legal today.
Fill out our contact form to get started.
Liability in Commercial Truck Accidents
Following an accident with a commercial truck, you might be unsure about how to pay for the damages that are accruing. From medical bills to lost wages, suffering an accident with a vehicle as large as a truck can often put a victim out of work for months. Being hit by tons of freight can result in life-changing injuries. But, you don’t need to suffer in silence.
Unlike an accident with another passenger vehicle, being involved in an accident with a commercial truck entails several levels of liability. This is because, as with an Uber or Lyft accident, it’s not just the driver that can be held responsible for your injuries, but also the company that employed the driver. This is because of a legal doctrine known as “respondeat superior,” which states that employers are always responsible for the negligent actions of their employees, so long as the driver was acting in the course of their employment.
For instance, if you were struck by a commercial truck that was en route to a delivery, that would constitute as the driver operating under the typical course of employment. In this case, the employer would be just as legally responsible as the driver for an accident.
Generally speaking, commercial companies carry much larger insurance policies than their drivers, under the assumption that in the case of an accident, the company will be responsible for compensating a victim for their injuries. However, this larger insurance policy also makes the insurance company far more likely to push back on a claim. With the representation of a knowledgeable truck accident attorney, you drastically improve your chances of successfully securing the settlement you deserve.
Seven Levels of Liability in Truck Accidents
In the case of a commercial truck accident, the levels of liability continue to extend. The list of parties that could be held liable for your injuries includes:
- The Owner of the Truck: Oftentimes the individual who owns the truck does not belong to the company that leased it. According to Florida law, owning a vehicle that is used in an accident caused by a negligent driver can still allow an individual to be held liable.
- The Broker of the Truck: Brokers are responsible for aligning the vehicle with a business that could use it for their services, such as the delivery of cargo. These individuals have the responsibility of inspecting the vehicle as well as the safety record of the drivers they’re contracting and can be found liable if an issue is found with either.
- The Shipper or Loader of the Truck’s Cargo: If the truck was hauling freight or transporting material or liquid, such as fuel, whoever loaded the cargo can be held liable if something goes wrong and causes an accident.
- The Manufacturer of the Truck or the Truck’s Parts: If an accident was caused by an issue with the vehicle, such as faulty brakes, the manufacturer can be held liable.
- The Truck’s Mechanic: When something mechanical occurs with the truck that causes an accident, the vehicle’s mechanic can be found liable for the damages. It is assumed that with regular services, an issue of that caliber would have been recognized and fixed by the mechanic before the truck returned to the road.
- The Driver of the Truck: Of course, the driver operating the truck at the time of the accident can be held responsible for any injury incurred in the accident.
- The Company that Employed the Driver: As per the respondeat superior, the company who employed the driver can be found equally liable for the accident.
The several levels of liability involved in commercial truck accidents can intimidate many personal injury lawyers. At the Weinstein Legal Team, our seasoned truck accident attorneys don’t shy away from accidents that include major insurance policies. In fact, we view them as opportunities to secure the victims of these deeply traumatic accidents as much compensation as possible.
If you’ve been injured in an accident caused by a commercial truck, contact Weinstein Legal today. Our dedicated attorneys will help you work through these seven levels of liability to determine which path could grant you the maximum compensation for your personal injuries.
What to Do After a Commercial Truck Accident
As with all automobile accidents, the most important thing to do after an accident with a commercial truck is to seek medical attention for yourself and your passengers. Taking the right actions immediately following a truck accident can significantly impact both your physical recovery and your legal case. If you’ve been involved in a truck accident, consider these essential steps:
- Prioritize safety and call 911: Move to safety if possible and call emergency services immediately. Police documentation of the scene is critical evidence for your case.
- Seek medical attention: Even if you don’t feel seriously injured, get examined by medical professionals. Some serious injuries, including traumatic brain injuries and internal bleeding, may not show immediate symptoms.
- Document the scene: If you’re physically able, take photos of all vehicles involved, road conditions, skid marks, traffic signals, and your visible injuries. This documentation can provide crucial evidence later.
- Identify witnesses: Collect contact information from anyone who witnessed the accident. Their accounts may prove invaluable in establishing what happened.
- Exchange information carefully: Obtain the truck driver’s name, contact information, employer details, and insurance information. Also record the truck’s license plate number and any identifying company numbers displayed on the vehicle.
- Limit your statements: Avoid discussing fault or making detailed statements to the trucking company representatives or insurance adjusters who may arrive at the scene. Simply exchange necessary information.
- Preserve evidence: Keep all accident-related items such as torn clothing, damaged personal effects, and medical records.
- Contact an attorney: Reach out to an experienced truck accident attorney before speaking with any insurance representatives or accepting any settlement offers.
Don’t delay seeking legal help. Contact Weinstein Legal Team today for a free consultation to understand your rights and options following a truck accident.
Building a Case After a Commercial Truck Accident
Building a case after a commercial truck accident can seem intimidating at first. Between needing to keep track of countless medical bills and expenses, and paying out of pocket for services you might not necessarily be able to afford, the pain of your injuries and stress of the accident can be overbearing. This is where an experienced commercial truck accident lawyer comes in. From the initial consultation, truck accident attorneys at Weinstein Legal can begin to advise you, taking the necessary steps to build you a compelling case.
Commercial truck accidents require thorough investigation. Immediately after an accident, the insurance companies of each involved party will likely dispatch their own investigators, looking for a way to shift liability for the accident away from themselves.
A personal injury lawyer will take on the role of investigating your case, collecting necessary evidence including all medical documents and proof of damages.
Your attorney will also be obtaining:
- Police reports
- Motor carrier records
- Witness statements
- Photographs of the scene and the resulting injuries
- Safety logs
- Expert witnesses for truck accident cases
- Medical witnesses to support your injuries
The sooner you enlist the help of a trusted truck lawyer, the quicker we can get to work building you a case for compensation. Florida law only gives victims four years to file a claim after an accident, and that clock begins ticking immediately following an accident.
If You’ve Been Injured In By A Commercial Truck, We’re Here To Help
Truck accident claims can be complicated as they can involve the driver, the company that hired the driver, the company whose goods the driver was transporting, other parties in the accident, and several insurance companies. Contact the Weinstein Legal Team to discuss your case with an experienced accident attorney today.
