Truck Driver Negligence

Truck drivers are required to have specialized commercial driver’s licenses, in addition to a variety of specific certifications depending on the type of cargo that they haul, the size of their vehicles, and more. The licensing and certification regulations for the commercial trucking industry are extremely strict – and for good reason. A fully loaded 18-wheeler can weigh up to 80,000 pounds, and many truck drivers make routine transcontinental trips to keep the country’s goods flowing, meaning that they spend their working days on the road carrying dangerously large loads.

Unfortunately, though, there is no amount of regulation that can ever guarantee that a driver will not act recklessly or negligently, putting you and others on the road at risk of an accident resulting from their dangerous behavior. In the event that you are involved in a collision with a commercial truck driver, you have a right to seek compensation for your damages. At Bernheim Kelley Battista, LLC, our Fort Lauderdale truck accident lawyer is a skilled, experienced advocate for injured victims. Hurt due to truck driver negligence? Contact us today for a free consultation.

What Negligence Means in a Truck Accident?

In the context of a semi-truck accident, negligence is the failure to take proper care. It is the basis for liability in a fault-based truck accident claim. 

Note: Florida is a no-fault state for minor and moderate motor vehicle collisions, including commercial truck accidents.

Common Types of Negligence in Truck Accidents

What are the most common causes of truck accidents? While they can occur for many different reasons, most semi-truck accidents are caused by the negligence of one or more parties. Indeed, few truck accidents in Florida are truly unavoidable. Here are some of the most common types of negligence that contribute to tractor-trailer crashes:

• Speeding: Truckers must obey the posted speed limit. Speeding increases the risk of and potential severity of collisions. 

• Distracted Driving: Distracted driving is another significant issue, where drivers engage in non-driving activities, such as texting. eating, or otherwise diverting their attention.

• Truck Fatigue: Truckers need proper rest before getting behind the wheel. Accidents caused by truck driver fatigue are accidents caused by negligence. 

• Traffic Violations: Traffic violations—such as running red lights, improper lane changes, or failing to yield the right of way—are inherently examples of negligence.

• Non-Driver Negligence: Not all negligence is trucker negligence. For example, truck accidents due to negligent maintenance may be the fault of a trucking company.

How to Establish Negligence in Your Truck Accident?

Do not rely on a trucking company or its insurance carrier for a fair and unbiased investigation of a crash. They may try to cover up driver negligence. To establish negligence in your truck accident, an investigation by an experienced personal injury lawyer in Fort Lauderdale is a must. Among other things, your lawyer will gather evidence, analyze the scene, interview witnesses, scrutinize all relevant documents, and take action to build a well-supported legal case.

What Compensation Can You Seek in Truck Accident Case in Florida

Were you hurt in a semi-truck accident in Florida? You need compensation for the full value of your losses. Depending on the nature of your crash, compensatory damages may be available for both economic and non-economic losses, including: 

• Automobile repairs; 

• Emergency medical care;

• Hospital bills; 

• Lost wages; 

• Loss of income; 

• Pain and suffering; 

• Disability/disfigurement; and

• Wrongful death.

To learn more, schedule a free consultation with us today.

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Common Types of Accidents Caused by Truck Driver Negligence

Trucker negligence can contribute to a wide range of different types of accidents. Some of the most common collisions caused by trucker negligence in Florida include: 

• Rear-End Collisions: These occur when a truck driver fails to stop in time, crashing into the vehicle in front due to distractions, speeding, or miscalculations.

• Lane Change Accidents: Lane change accidents happen when truck drivers negligently switch lanes without proper signaling or ensuring the lane is clear. 

• Jacknife Crashes: These are accidents where the truck folds onto itself due to abrupt braking or steering, often caused by the driver's lack of control or misjudgment.

• Rollover Collisions: Rollover accidents happen when a truck tips over onto its side or roof, usually resulting from high speeds, sharp turns, or unstable cargo.

What is the Role of Partial Negligence in a Truck Accident?

Under Florida law (Florida Statutes § 95.11), a fault-based truck accident claim is subject to a modified comparative fault standard. A truck accident victim can still recover compensation for their damages even if their partial negligence contributed to the crash—as long as they are responsible for no more than 50 percent of the accident. If held partially liable for a semi-truck accident, an injured victim's recovery will be reduced in proportion to their degree of fault.

What is the Statute of Limitations for a Truck Accident Claim in Florida?

You have a limited time to bring a fault-based truck accident claim in Florida. Under state law (Florida Statutes § 768.81), there is a two-year statute of limitations for fault-based truck accident injury claims.

Who Can Be Held Liable in a Florida Truck Accident?

If you have been involved in an accident with a truck driver who was engaging in reckless or dangerous behavior, then they have failed to take proper care in their work, and are guilty of negligence. If you are able to prove that they were acting negligently in the moments leading to the crash, then it will be clear that you are the victim in the collision, and therefore entitled to maximum compensation due to their actions. A number of different parties may be held liable for a commercial truck accident in Florida, including: 

• The trucker; 

• The trucking company; 

• The truck manufacturer; and

• Third-party motorists.

Contact Our Florida Truck Driver Negligence Attorney Today

Trucker negligence claims are complicated. Injury victims need justice, accountability, and the full and fair financial compensation that they deserve. At BK Law, our team has spent years negotiating on behalf of a range of personal injury victims, fighting to close the gap between the amount that the insurance company wants to pay and the amount that our clients deserve. Our approach is unique, as you'll receive one-on-one guidance from seasoned attorneys. Your needs, concerns, and progress are our top priorities. With BK Law, you can expect a level of personal commitment that truly distinguishes us from the rest. Your journey to justice is our shared mission, and we're here to ensure you receive the individualized attention and support you deserve.

The best time to hire an attorney is today so that you can focus on your injuries without taking on this significant burden. Let us do the legal legwork while you prioritize your personal needs. At Bernheim Kelley Battista, LLC, our Florida semi-truck accident lawyers have extensive experience handling trucker negligence accident claims. Hurt in a crash caused by a careless or reckless trucker? We can help. Contact us today for your free, no-obligation case evaluation. With offices in Fort Lauderdale, Miami, Jacksonville, Starke, and Fort Myers, we serve clients throughout Florida.