How to Find the Best Truck Accident Lawyer in Florida
In Florida, an estimated 35,676 drivers were involved in truck accidents in medium or heavy trucks in 2022. This is defined to include those weighing more than 10,000 pounds. The Florida Department of Highway Safety and Motor Vehicles reports that these incidents included 29 fatal crashes and 107 crashes causing incapacitating injury.
Truck accidents can cause devastating damage because the large size of these vehicles means the force and impact of a crash is greater. If you or a loved one was harmed in a truck crash, it’s imperative you find the best Florida truck accident lawyer to help you understand your rights and navigate the legal system.
This guide will help you to better understand how a legal professional can assist you and what your rights are after a truck crash occurs.
What Does a Florida Truck Accident Lawyer Do?
In Florida, drivers are expected to recover compensation for minor injuries from their own Personal Injury Protection (PIP) coverage. Florida Statute section 627.7407 mandates motorists purchase this coverage. PIP pays for 80% of necessary and reasonable medical expenses no matter who was at-fault, up to policy limits (a minimum of $10,000 in coverage is required).
However, drivers with serious injuries are able to make a damage claim against a driver who harmed them, rather than relying on PIP coverage alone. When injuries are serious — which is defined in Florida Statute section 627.737 to include those resulting in death, significant and permanent scarring or loss of an important bodily function — drivers can sue and get compensation for more damages including pain and suffering and emotional distress.
A truck accident attorney can help you to understand how to recover compensation within the no-fault system and to determine if your injuries rise to the level of severity that entitles a civil claim against the other driver.
Your attorney can also help you to identify all potential defendants, as Florida’s vicarious liability laws may hold trucking companies responsible for actions taken by their employees performing official duties. Trucking companies may have higher insurance premiums than individual drivers, so crash victims can often recover more compensation from them than from an individual trucker.
These are just some of the complex rules you’ll encounter as you cope with the aftermath of an accident. They demonstrate why finding the right legal advocate is paramount to protect your rights and be fully compensated for all damages due to someone else’s negligence or wrongdoing.
How to Find the Best Truck Accident Lawyer Near You
Finding the best truck accident lawyer in Florida means taking steps to assemble a short-list of potential attorneys and then talking with these legal professionals to see who is the best fit for your case. To determine which attorneys to consider:
- Tap into your network. See if friends or loved ones have ever worked with an injury attorney. If you’ve done business with a lawyer in the past, ask them for referrals.
- Check with the local Bar Association. They should be able to provide you with a directory of attorneys practicing in your area.
- Check with local professional organizations. You may be able to find groups or organizations in your area that have relationships with prominent attorneys.
- Use the internet. Search for skilled truck accident attorneys online and find lawyers with informative websites and top rating by their peers and professional groups.
Once you’ve identified some legal professionals that could be a good fit for you, speak with those attorneys to see which one has the traits you’re looking for. Here are some traits you’ll want your lawyer to have.
Experience with Florida Truck Accidents
It’s crucial to find an attorney with truck accident experience if you or your loved one has been hurt in a crash with a large truck. That’s because of the unique legal issues truck crashes raise.
For example, the Federal Motor Carrier Safety Administration has rules regarding hours truckers can drive and instruction around log books truckers must keep. Obtaining this evidence and understanding these regulations can be important to make a strong case against the driver.
Your attorney must also be familiar with vicarious liability claims if you wish to hold the trucker’s employer responsible for damages. They should be able to help you identify all potential defendants who could compensate you.
Familiarity with these specific types of cases can make all the difference in ensuring you recover the full compensation the law entitles you to, so ask your attorney how many truck crash claims they’ve handled and don’t hire anyone who hasn’t focused their practice on these types of incidents.
Contingency Fees
You don’t want to be left coping with expensive legal fees in the aftermath of an accident; find an attorney that works on a contingency fee basis. When a lawyer works on contingency, you don’t pay legal fees unless they help you recover compensation. This ensure you don’t find yourself with a hefty legal bill if your case goes awry.
Hiring a lawyer on a contingency fee basis means they recover a percentage of the compensation you receive. This ensures your interests are aligned as your lawyer has a strong incentive to maximize your monetary damages.
Research has shown that clients with attorneys are more likely to recover compensation after accidents and generally end up with a larger amount of compensation even after paying their attorney’s fee. Before committing to an attorney, make sure you understand their fee structure and avoid lawyers who are unwilling to work on a contingent fee.
Top-Notch Communication
You’ll need to work closely with your attorney throughout the process of pursuing an injury claim. It’s important that you’re comfortable communicating with the lawyer you hire and that you hire someone who keeps you regularly updated on the progress of your case.
When you interview attorneys, pay attention to whether you feel like they are listening to your story, and are truly interested in helping you pursue justice after a truck crash. Find out about their process for communicating throughout your case, including frequency and methods of communication. Don’t forget to ask as well if they will be your primary point of communication or if you’ll often be working with paralegals or associates.
Negotiation and Litigation Experience
Trucking companies and large insurers have teams of lawyers and experts who are advocating for them. Their lawyers have one goal in mind; to pay out the least amount possible even when an accident victim has been seriously harmed.
The best truck accident lawyers in Florida have extensive experience going toe-to-toe with these major insurers to stand up for their clients. Ensure the lawyer you hire has successfully negotiated substantial truck crash settlements for clients, as settling a claim can be faster and easier than going to trial.
Few truck crash claims end up in court, as only around 3% of all personal injury claims are resolved in litigation according to the Bureau of Justice Statistics. Still, you may need to go to trial, especially if your truck accident claim is complicated.
It’s important that your attorney has the necessary courtroom experience gathering the necessary evidence, file court paperwork, and make a compelling claim to maximize the chances of a verdict in your favor. Not all attorneys have successfully represented truck crash victims in a court of law, so asking about this issue can help you find an advocate who is able to be with you until the end no matter how your case unfolds.
Past Results in Truck Accident Claims
Keep in mind that, past results are not indicators of your own case outcomes. Your personal damages and the extent of your losses will determine the compensation you receive.
Still, some attorneys have a long and successful track record of helping truck accident victims to get fair compensation. You should make certain your Florida truck accident lawyer is one of them.
If your attorney has successfully represented many clients and recovered millions in damages, this is a good indicator that they understand how to build a strong claim and can negotiate or litigate successfully on behalf of crash victims.
Why Hire a Florida Truck Accident Lawyer
There are many important reasons to hire a legal professional if you have been hurt or a loved one has been killed in a truck accident. Here are some of the things that your attorney can do for you.
Identifying All Defendants
Truck drivers who behave carelessly can be held accountable for the harm they cause. Under vicarious liability rules, the companies that employ them may also be found legally liable and made to pay damages.
Vicarious liability laws say that a trucking company can be responsible for the on-the-job negligence of their employees even if the company didn’t individually do anything negligent.
Identifying all defendants is important because truck accidents can cause substantial damage that results in high medical bills, loss of earning power, emotional distress, and ongoing pain and suffering. The more defendants your lawyer helps you to identify and make a claim against, the more likely it is that you will be fully compensated for all harm.
Proving Your Case
You have the responsibility of demonstrating that the truck driver’s negligence caused your collision if you want to recover compensation.
You can demonstrate negligence by showing the driver was unreasonably careless or under a legal doctrine called negligence per se. This doctrine says a defendant is automatically negligent if they violate a safety law intended to protect you against the harm you endured.
There are many Federal Motor Carrier Safety Regulations that apply to truckers. If you demonstrate a violation of them, this enables you to show the driver was negligent and thus should be held liable for your losses.
The best Florida truck accident lawyers know these regulations and are prepared to gather the necessary evidence to show how a trucker fell short. They can work with you to gather evidence including police reports, records for the driver and the truck, witness statements and expert testimony.
The stronger the case your attorney helps you to build, the easier it will be to get a fair settlement offer or to win in court if you can’t settle your claim.
Negotiating With Insurers
There could be multiple insurers involved in a truck accident claim. Insurers typical want to pay as little as possible to cover damages.
Experienced truck crash lawyers have stood up to these insurers and know how to successfully negotiate a fair settlement. They can help you estimate the value of your claim, draft a demand letter that starts off negotiations the right way, and use their strong negotiating skills to maximize the chances you’ll be able to recover the compensation you need without having to go to trial.
Litigating in Court
If going to court becomes necessary, your attorney will guide you through navigating Florida’s legal system. You’ll get help at every step, from filing paperwork with the court to following the rules of evidence to presenting a compelling case.
Protecting Your Rights
You have two years to make your truck accident claim under Florida Statute section 95.11. It’s important to work with an attorney who can help you understand the deadlines and ensure your case isn’t time barred because of delays.
Your lawyer can also help you avoid mistakes that could undermine your ability to get full compensation, such as accepting a settlement offer without knowing the extent of your losses.
With help from the best truck accident lawyers in Florida, you’ll ensure that you make smart decisions from day one, from gathering evidence at the scene to naming the right defendants, so you can get the full compensation you deserve.
FAQ
How Can I Find a Truck Accident Lawyer in Florida?
To find a truck accident lawyer in Florida, assemble a list of attorneys who specialize in claims involving medium or heavy trucks. Leverage the Internet, professional organizations, and referrals from your network to compile a list of potential attorneys.
Talk with attorneys you’re thinking about working and find out about their experience with truck accident claims, and if they have prior court room experience.
How Much Does a Florida Truck Accident Attorney Charge?
Most Florida truck accident lawyers charge on a contingent basis. They collect a percentage of the compensation you receive if you win your case. The percentage depends on what stage of litigation your case gets to. Contingency fees ensure that you aren’t responsible for legal fees if your attorney can’t recover monetary compensation for you.
Should I Hire an Attorney After a Truck Accident?
You should hire an attorney after a truck accident if you were hurt or lost a loved one. Truck accident claims can be complicated, with multiple potential defendants and with special Federal Motor Carrier Safety Administration regulations that could impact the outcome of your claim. A skilled Florida truck accident lawyer can guide you through the legal process and make sure you are compensated fairly.
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This story was originally published August 12, 2024 at 3:00 PM.