After you’ve been in a truck accident, you may be wondering how to establish liability so that you can receive compensation for your injuries. Who is at fault for the accident? Who will cover your medical bills and damages?
One of the first steps is understanding how to establish negligence. An experienced Port St. Lucie truck accident lawyer can help you gather the appropriate documentation and advocate for yourself.
At GOLDLAW, our team brings more than 200 years of combined experience helping clients with truck and auto accident claims. Contact our Port St. Lucie personal injury lawyers today to schedule a free consultation.
Why Hire GOLDLAW for Your Truck Accident Claim?
After a serious truck accident or car crash, having the right personal injury law firm on your side can make all the difference. At GOLDLAW, our experienced legal team fights for injured victims and works to recover maximum compensation under Florida law for every injury claim we handle.
More Than $1 Billion Recovered
Our personal injury law firm has recovered more than $1 billion for injured clients throughout South Florida. We aggressively pursue compensation for medical bills, lost wages, and other damages after serious truck and car crash accidents.
More Than 200 Years of Combined Experience
Our legal team brings more than 200 years of combined experience handling challenging personal injury and personal injury law cases. We know how to stand up to trucking companies and insurance carriers.
Serving Florida Since 2002
GOLDLAW has helped accident victims face the challenges of florida law and pursue fair compensation for every injury claim for more than two decades.
Thousands of Injured Clients Served
Our law firm has represented thousands of injured clients in personal injury cases across South Florida. We understand the impact a serious accident can have on victims and their families.
No Win, No Fee
You pay nothing upfront. GOLDLAW handles every personal injury case on a contingency fee basis, meaning you owe no fees unless our Port St. Lucie truck accident lawyers recover compensation for you.
Most Common Truck Accident Injuries We Help Clients With
Truck accident victims in the Port St. Lucie area often sustain major injuries as a result of the incident, much more frequently than in Port St. Lucie car accidents. Unfortunately, the sheer weight and size of these trucks often lead to devastation for those inside smaller vehicles involved in the crash.
Some of the most common injuries that we assist clients with after these incidents occur include:
- Fractured or dislocated bones
- Crush injuries or amputations
- Severe internal bleeding or organ damage
- Traumatic brain injuries
- Spinal cord injuries with or without paralysis
- Major lacerations or puncture wounds
This is certainly not a complete list of the types of traumatic injuries that can occur as a result of a truck crash. However, we also want to highlight the fact that these incidents are likely to lead to significant emotional and psychological injuries as well. Don’t wait to get medical attention after a wreck.
This can include prolonged feelings of anxiety, stress, and fear on the part of the truck accident victim. In some personal injury cases, victims could experience symptoms of post-traumatic stress disorder (PTSD).
Proving Negligence in a Florida Trucking Accident
To establish negligence, your personal injury lawyer must prove the following four elements:
- Duty: The truck driver had a duty to drive carefully and obey all traffic laws to keep others on the road safe.
- Breach of duty: The truck driver breached their duty by driving recklessly, speeding, or breaking other traffic laws.
- Causation: The truck driver’s breach of duty caused the accident.
- Damages: You suffered physical or psychological injuries and monetary losses due to the accident.
Establishing Truck Accident Liability After Filing a Lawsuit
Once negligence has been established, liability can be assigned accordingly. If the truck driver is found to be 100 percent at fault for the accident, they will be responsible for covering all your damages.
What If I Am Partially at Fault?
However, if you are found to be partially at fault for the accident, your damage award will be reduced by your percentage of responsibility.
For example, if you are found to be 20% at fault for the accident, you will only be able to recover 80% of your damages from the other party. This is because trucking accidents in Florida are governed by a law known as pure comparative negligence.
However, it’s important to note that you can collect compensation even if you are 99% at fault for the accident.
Factors that Determine Truck Accident Liability
Many factors will contribute to determining liability in a truck accident. Some of the most common include:
- Who was operating the truck at the time of the accident?
- Was the driver properly licensed and trained?
- Were they following all state and federal regulations?
- Did they violate any traffic laws before the crash?
- What kind of condition was the truck in at the time of the accident? Was it properly maintained?
- Was the cargo being transported properly secured?
- Who is responsible for maintaining the truck? The driver, the trucking company, or a third party?
- What caused the accident? Was it due to distracted driving, mechanical failure, or poor road conditions?
An experienced Port St. Lucie truck accident lawyer will investigate all these factors to determine who may be liable for your injuries and help establish what percentage of fault should be assigned.
Determining Financial Compensation for Your Truck Accident Claim
Individuals injured by a negligent truck driver or trucking company may be entitled to compensation. Specifically, the team at GOLDLAW helps clients recover both economic and non-economic damages after these types of incidents occur.
Economic damages revolve around various calculable expenses that the injury victim will likely endure. These types of damages are calculated by looking at receipts, medical bills, invoices, and estimates that come in after the incident and as a result of the incident.
Some of the most common types of economic damages include:
- Emergency medical costs
- Physical therapy and rehabilitation
- All follow-up hospital or doctor visits
- Surgical expenses
- Medical devices or equipment
- Prescription medications
- Lost income and loss of future earnings
- Various household out-of-pocket losses
Non-economic damages are not as calculable as the economic damages just mentioned. These types of losses will be calculated using a different method, but they are equally important.
Non-economic damages revolve around more immeasurable expenses, such as a victim’s physical pain and suffering, emotional and psychological trauma, and loss of quality of life resulting from the truck crash.
GOLDLAW Can Help Maximize Your Compensation
Your Port St. Lucie truck accident lawyer will also need to prove the severity of your injuries to calculate how much compensation you are entitled to receive. They will gather evidence such as your medical records, hospital bills, prescription costs, and more.
Once all this evidence has been gathered and reviewed, your truck accident lawyer in Port St. Lucie will have a better idea of how much your case is worth and what kind of settlement you can expect to receive.
Other factors contributing to calculating your compensation include the amount of income you have lost because you are unable to work due to your injuries and the pain and suffering you have endured/will endure because of your injuries.
Federal Trucking Regulations for Safety
Trucking accidents can have devastating consequences. To help keep the roads safe, the federal government has enacted several regulations that commercial trucking companies and their drivers must follow.
Maximum Hours of Service Per Day and Week
The Federal Motor Carrier Safety Administration (FMCSA) regulates the maximum number of hours a truck driver can be on duty. A truck driver cannot drive for more than 11 hours in a day and must take at least ten consecutive hours off before starting another driving shift.
In addition, a driver cannot be on duty for more than 60 hours in a 7-day period or 70 hours in an 8-day period. If you believe the trucking company acted negligently or broke regulations, call GOLDLAW.
Minimum Training Requirements for New Drivers
All new drivers in the trucking industry are required to complete training on various topics related to safety, including handling the vehicles, operating the vehicles safely, and understanding DOT regulations.
Random Drug and Alcohol Testing
Under federal regulations, commercial truck drivers are subject to random drug testing. In addition, any driver who is involved in an accident must undergo drug and alcohol testing if there is reason to believe that either substance played a role in the accident.
How Long Do You Have to File a Truck Accident Claim in Port St. Lucie, FL?
In Florida, individuals used to have up to four years to file a personal injury lawsuit in civil court against an alleged negligent party. However, based on the new tort reform law passed in the state, the time frame for filing most claims is two years from the date of the alleged incident.
This new law applies to claims that arise after the effective date of the law, which is March 24, 2023. Individuals who sustained truck accident injuries before this date will fall under the old personal injury statute of limitations.
Additionally, there are always specific factors related to each particular case that could affect overall deadlines. We encourage you to reach out to a skilled truck accident lawyer in Port St. Lucie who can walk you through all of your options and discuss the deadlines related to your case.
Get a Free Consultation With a Port St. Lucie Truck Accident Attorney
A truck accident can leave victims facing serious injuries, overwhelming medical expenses, and uncertainty about the future. At GOLDLAW, our Port St. Lucie truck accident lawyers are committed to helping injured victims protect their rights and pursue the compensation they deserve under Florida law.
Our experienced legal team understands the challenges of truck accident and personal injury claims, and we are prepared to fight for the best possible outcome in your case.
To learn more about the legal process, visit our FAQ page for additional information about truck accident and personal injury law claims. If you or a loved one has been injured in a truck accident, contact GOLDLAW today for a free consultation with our law firm.
