What Is a Truck Accident Case Worth?
Every truck accident case is unique. The damages that you should receive in your case depend on your actual losses. When there are significant injuries, a victim may receive payment for emotional losses and mental injuries as well as physical pain from the third-party or parties responsible. Florida’s definition of significant injuries is quite expansive. You may qualify for a third-party claim and not be aware of it.
In general, a victim to such an accident is entitled to compensation to place them back in the position they were before the crash occurred plus compensation to account for any continuing effects of the accident. Some of the damages that a victim may receive include:
- Medical expenses
- Auto repairs
- Property damages
- Lost wages
- Pain and suffering
- Rehabilitation costs
- Emotional and mental distress
- Physical disfigurement and scarring
- Future medical needs
- Attorney fees and costs
When you’re in a truck accident in Tampa, Florida, you need answers. Our Tampa attorneys for truck accidents explain the FAQs that you need to know.
What Are Tampa Truck Accident Laws?
- Florida law 627.737 [1] creates no-fault liability for minor accidents. Everyone, including truck drivers, must carry minimum amounts of personal injury protection car insurance.
- When an accident occurs, each party submits the claim to their own insurer for reimbursement of 80% of medical bills up to $10,000.
- If an accident produces serious or permanent injuries, the victim may sue the responsible party for a wide range of economic and non-economic damages.
- Truck drivers have an elevated legal duty to exercise care and caution when on the road.
- A truck driver’s duty to exercise caution should consider traffic and road conditions in the City of Tampa.
- If the insurance company doesn’t voluntarily settle a claim fairly, the victim may file a lawsuit in order to enforce their rights.
What Are the Minimum Truck Insurance Requirements in Tampa?
Tampa’s minimum truck insurance requirements range from $300,000 for trucks transporting household goods to $5 million for trucks that transport hazardous materials. Also, all drivers must have a minimum of $10,000 of car insurance in Tampa. These are the same minimums that apply throughout the State of Florida. In addition, if an individual drives for a rideshare company, like Uber or Lyft, they must have additional insurance.
Where Do Tampa Truck Accident Laws Come From?
Tampa truck accident laws may come from any of the following sources:
Does Tampa Have Specific Laws That Relate to Truck Drivers?
Yes, Tampa has specific laws that relate to truck drivers. Tampa has dedicated truck routes established in the City of Tampa ordinances Chapter 25 [3]. A first violation may carry a fine of $75. Subsequent offenses are more costly, with a penalty for a fourth or subsequent offense of $450.
How Many Semi Truck Accidents per Year Are There in Florida?
If you’re wondering how many accidents are caused by semi trucks, Florida keeps records of these types of accidents. According to the Florida Department of Highway Safety and Motor Vehicles [4], there were 31,838 accidents in 2019 involving medium and heavy trucks weighing 10,000 lbs or more. These crashes caused 25 fatalities. Also, trucks under 10,000 lbs or more caused 6,489 accidents and a total of eight deaths.
Can a Truck Driver Be Fired for an Accident in Tampa?
Yes, a truck driver can be fired for an accident in Tampa. Florida is an at-will state, which generally means that an employer does not need a reason to fire an employee. Even employers that waive at-will employment by contract, union agreement or similar agreement still have provisions that allow them to remove drivers whose driving behaviors are dangerous. In fact, hiring or retaining an unqualified driver may give the employer legal liability. Negligent hiring means allowing an incompetent person to drive when the employer knows or should have a reason to know that they are unfit. It may also include inadequate training. Not only can a truck driver be fired for an accident in Tampa, but it may also be necessary to prevent legal liability in the future.
What To Do After a Truck Accident in Tampa?
After a truck accident in Tampa, you should take the following steps:
- Call the police. The City of Tampa police may respond to investigate and document the accident.
- Summon emergency care responders if there is any sign of injury.
- Get the name, license information, employer details and insurance for the truck driver.
- Take pictures of the scene and gather names and contact information for witnesses as much as you are able.
- Seek medical care to treat and document any medical injuries.
- Report the accident to your own insurance company.
What Are Some Causes of Tampa Truck Accidents?
We often get questions like, “What is the number one cause of lift truck accidents?” Here’s everything you need to know about what causes truck accidents in Tampa:
- Not using sufficient care on hazardous roads, such as Waters Ave. and US 301
- Failing to leave sufficient following distance, especially in busy stop-and-go driving
- Parking in active driving lanes and other hazardous places
- Speeding
- Driver fatigue; operating for too many hours without sufficient rest
- Unsecured loads and falling objects
- Inattention with distractions like texting or trying to multitask while driving
- Failing to observe traffic laws for stop signs, lane changes and the like
RELATED: Determining Liability and Negligence in Truck Accidents
What Can I Receive in Compensation if I’m Hurt in a Truck Accident?
If you’re hurt in a truck accident, you may receive compensation for financial losses and pain and suffering. In Florida, no-fault laws apply unless you have a serious, permanent or disfiguring injury. If your injuries qualify, you may claim a range of damages, including medical bills, lost wages, mental anguish damages and pain and suffering.
How Is Fault Determined for a Truck Accident?
Fault is determined for a truck accident by looking at all drivers’ actions and comparing them to the standard of a reasonable person. If a driver violates a traffic law, that is compelling evidence of fault if it contributes to the accident in some way. However, any kind of unreasonable behavior that causes an accident may qualify. If multiple parties are at fault, liability may be apportioned between the parties.
How Much Time Do I Have To File a Truck Accident Lawsuit in Tampa?
In Tampa, you have four years from the date of the accident to file a truck accident lawsuit. That’s how much time you have to make your initial filing in court. Even if the insurance company makes promises of payment, it’s still critical to formally start the claim by the deadline unless your case is fully resolved. Missing the deadline may prevent you from receiving the compensation that you deserve.
Can I Hire an Attorney for a Truck Accident in Tampa?
Yes, you can hire an attorney for a truck accident in Tampa. The attorney pursues the case on your behalf. You may hire an attorney of your choice to represent your interests. To learn more about truck accident claims or to see if you qualify to receive compensation after a truck accident, contact our team today at (813) 333-6666 for a free case evaluation.
Sources:
[1] FLA. STAT. § 627.737 (2020) [2] FLA. STAT. § 316-324 (2020) [3] City of Tampa. Truck Route Map and Ordinance. Retrieved 25 February 2021 from https://www.tampa.gov/tss-stormwater/info/truck-map [4] Florida Highway Safety and Motor Vehicles. Crash and Citation Reports & Statistics. Retrieved 25 February 2021 from https://www.flhsmv.gov/resources/crash-citation-reports/