A fully loaded commercial truck can weigh as much as 40 tons. Unfortunately, large commercial truck accidents still happen far too frequently in our region. According to comprehensive data from Florida Department of Highway Safety and Motor Vehicles, more than 32,000 medium and heavy trucks were involved in crashes in the state in 2021 alone. Following a truck accident, you need financial compensation for your damages. You may be wondering: What is the minimum truck accident settlement I can qualify for in Florida? The short answer is that there is no true “minimum” settlement—as a case can technically be settled for any amount. Here, our Fort Lauderdale truck accident lawyer explains the key things you need to know about the settlement process.
What is a Truck Accident Settlement?
A truck accident settlement is a financial agreement reached between the parties involved in a truck collision, often including the truck driver, trucking company, and any other injured parties. The settlement aims to compensate victims for damages sustained, such as medical expenses, lost wages, property damage, and pain and suffering—without litigation. How are personal injury settlements paid out in Florida? It depends on the specific circumstances. A truck accident settlement could be a lump sum or structured payments.
The Catastrophic Nature of Truck Accidents: Know the Risks
Large commercial trucks pose an inherent safety risk due to their size. The Insurance Institute for Highway Safety (IIHS) estimates that nearly 5,000 people are killed in large commercial trucking accidents nationwide each year. Tens of thousands more people sustained life-altering injuries in semi-truck accidents in the United States each year. To put these numbers into perspective, this means that commercial trucks are responsible for one in eight catastrophic motor vehicle collisions in the United States—despite making up a far smaller share of total traffic.
What Causes Truck Accidents in Florida?
Large commercial truck accidents in Florida happen for a wide array of different reasons. Every semi-truck crash should be comprehensively investigated to determine exactly what went wrong. Here are some of the leading causes of truck accidents in Florida:
- Speeding: Truckers must obey the speed limit. When a truck driver speeds, the risk of not stopping in time to prevent a collision increases exponentially. A speeding truck poses a much higher risk of causing fatal accidents due to the immense force of impact.
- Distracted Driving: Whether it is texting, using a GPS, eating, or even adjusting the radio, any distraction can be deadly when operating a massive vehicle. The momentary lapse in concentration or taking eyes off the road can result in devastating accidents
- Fatigued Driving: Long hauls, tight deadlines, and irregular sleeping patterns make truck drivers susceptible to fatigue. Driving while tired can be as dangerous as driving under the influence of alcohol or drugs
- Undertrained Drivers: Truck driving requires specialized skills and training. Occasionally, trucking companies might hire under-trained drivers in a rush to meet demands, putting everyone on the road at risk. Trucking companies must ensure their drivers are qualified.
- Poor Truck Maintenance: Regular maintenance is crucial to keep trucks in safe operating condition. Failing brakes, worn-out tires, or malfunctioning lights can lead to accidents. Truck companies have a responsibility to ensure their vehicles are roadworthy.
- Improper Trailer Loads: Overloading, or not securing cargo properly, can make trucks unstable. This safety hazard can result in cargo spills, truck rollovers, or other types of accidents—especially when the semi-truck is making sharp turns or sudden stops.
- Truck or Trailer Defects: In some cases, the fault lies with the manufacturers. Defective parts, design flaws, or subpar materials can lead to unforeseen failures on the road. Manufacturers may be held strictly liable for a product defect under Florida law.
An Overview of Factors that Can Impact a Semi-Truck Accident Settlement
Are you seeking a settlement for a truck accident in Fort Lauderdale or elsewhere in Florida? There are a number of different factors that could impact the value of your case and your ability to secure the full and fair financial compensation that you deserve. Here is an overview of six key factors that impact semi-truck accident settlements in Florida:
- Liability: Liability is at the foundation of every successful personal injury claim. As such, determining who is at fault is an essential step in the process. If the truck driver or trucking company is found to be solely responsible, the settlement will likely be higher.
- Comparative Fault: Florida follows a modified comparative negligence system. If the victim is found to be partially at fault, their compensation might be reduced proportionally. For instance, if a victim is deemed 20% responsible for a semi-truck accident in Florida, they may be deemed responsible for covering 20% of their own damages.
- Damages: The extent of damages sustained will significantly impact the settlement amount. Greater damages often lead to higher settlements. You may be able to recover for economic and non-economic losses, including vehicle repairs, medical bills, lost wages, pain and suffering, and disability/disfigurement.
- Timing: The time it takes to reach a settlement can vary widely. Immediate medical treatment, prompt reporting of the accident, and the speed with which a legal claim is initiated can influence the settlement timeline. Sometimes, waiting too long can jeopardize the chances of a favorable outcome.
- Insurance Coverage: Insurance coverage always has a huge impact on a truck accident claim. If damages exceed the policy limits, victims might struggle to receive full compensation—unless the trucking company or driver has additional assets to cover the excess. A Fort Lauderdale truck accident lawyer can help you explore every path for maximizing the value of your settlement.
- Legal Representation: Truck companies and their insurance providers always fight hard to resolve claims for less—even when liability is clear. The right legal representation can make all of the difference. A top Fort Lauderdale truck accident lawyer can help you take action to build a strong case, negotiate well, and maximize your settlement.
How to Determine Liability in a Truck Accident Case in Florida
Florida is a no-fault insurance state—though serious crashes fall under an at-fault system. Determining liability in a truck accident case involves a thorough investigation. The process typically includes reviewing accident reports, analyzing camera footage if available, studying skid marks, and gathering witness testimonies. Experts might reconstruct the accident to identify fault.
How Truck Accident Settlement Amounts are Determined
Truck accident settlement amounts are influenced by various factors. Primarily, the extent of liability plays a pivotal role; who is more at fault can significantly affect the settlement. The nature and severity of damages—medical expenses, lost wages, and property damage—play a key role.
What is the Minimum Truck Settlement Amount?
There is not a fixed minimum truck settlement amount. Each case is unique, and settlements depend on specific circumstances like the extent of injuries and damages. It is also worth noting that in some instances, a settlement may not be offered at all. You deserve the maximum available settlement. Do not agree to resolve your case for less. An attorney can help.
Who Can File a Commercial Truck Accident Claim?
In Florida, anyone who has suffered a serious injury due to a commercial truck accident that goes beyond the state’s no-fault system can file a lawsuit. This typically refers to injuries that result in significant loss of body function, permanent injury, or scarring and disfigurement. Minor injuries generally fall under the state’s no-fault insurance system.
What Compensation Can I Get After a Truck Accident?
Victims of truck accidents can seek both economic and non-economic compensation. Economic damages encompass tangible losses like medical bills, lost wages, and property damage. Non-economic damages are intangible and relate to pain and suffering and emotional distress.
Tips to Get the Best Truck Accident Settlement in Florida
Navigating the aftermath of a truck accident can be daunting, especially when aiming for the best possible settlement. Here are three tips to get you the best truck accident settlement in Florida:
- Avoid Giving a Statement to the Insurance Company: Following a truck accident, an insurance adjuster might reach out, seeking a statement. It is imperative to avoid providing one without legal advice. Insurance adjusters are trained to ask questions that might make you inadvertently admit fault or downplay your injuries.
- Be Skeptical of the Initial Settlement Offer: Insurance companies often provide an initial settlement offer that’s below what the victim deserves. Their goal is to close claims quickly and for as little money as possible. Always approach the first offer with caution and skepticism. That initial offer is often the minimum settlement.
- Hire a Fort Lauderdale Truck Accident Lawyer: The complexities of truck accidents in Florida necessitate expert legal assistance. Hiring a specialized Fort Lauderdale truck accident lawyer can make all the difference. Your lawyer can make the difference.
How a Lawyer Will Calculate Your Damages?
How will a lawyer calculate your damages after a truck accident? A Fort Lauderdale truck accident lawyer will carefully review and document all of the losses that you suffered related to your accident. There are two main buckets—and a third limited bucket—within which damages fall:
- Economic Damages: These are out-of-pocket, tangible losses. Your lawyer will calculate your vehicle repairs, medical costs, and lost wages.
- Non-Economic Damages: These are intangible damages. Your lawyer will use your economic damages to help build a baseline to calculate your additional non-economic damages, such as your pain and suffering.
- Punitive Damages: These are available only in a small number of truck accident claims in Florida. Punitive damages are a form of civil penalty damages that are tied to any specific loss. They are generally calculated in reference to economic and non-economic damages.
Most Common Truck Driver Errors
Truck accidents can be devastating, and while various factors contribute to them, driver errors often play a significant role. Here is a list of some of the most common mistakes made by truck drivers:
- Speeding or driving too fast for conditions;
- Distracted driving, such as texting or using a phone;
- Failing to observe blind spots or “no-zones”;
- Not signaling or making abrupt lane changes;
- Misjudging stopping distances;
- Driving under the influence of alcohol or drugs;
- Tailgating or not maintaining a safe following distance;
- Overloading the truck or improperly securing cargo;
- Driving for extended periods without taking breaks, leading to fatigue; and
- Failing to adhere to traffic signals and signs.
Contact Our Fort Lauderdale, FL, Semi-Truck Accident Attorney Today
Semi-truck accident claims are complex. You do not have to take on trucking companies and their commercial insurance carriers alone. There are many benefits that come with hiring a top personal injury lawyer. At Bernheim Kelley, we have a proven track record of success in handling complex commercial truck accident claims—including helping clients obtain the maximum financial settlement. We are proactive and committed to helping victims get real justice. At Bernheim Kelley, our Fort Lauderdale truck accident lawyers work tirelessly to help injured victims get real justice and real results. If you were hurt in a commercial truck accident, we can help you navigate settlement negotiations. Contact us today to set up your free, no-obligation consultation. We represent injured victims in truck accident settlements in Fort Lauderdale, Broward County, and throughout Florida.