You may have first-hand knowledge of just how serious a truck accident can be. The property damage and the injuries may be so severe that your personal injury protection won’t cover it all. In that case, Florida law does allow the victims of another’s negligence to seek compensation through a personal injury claim.
If you can file a claim, you’ll soon find that truck accidents can be a more complex legal matter than motor vehicle accidents are. Here are some differences to keep in mind.
The laws that truckers follow
Truck accident cases will require knowledge of not only state and local traffic laws but also federal laws. For example, the federal government regulates how many hours truckers can drive per shift, requires a certain number of breaks and stipulates that truckers record their time via an electronic logging device.
ELD data could play a significant role in your case if you have cause to believe that the other party was driving drowsy at the time of your accident. It’s well-known that truckers will often break the hours-of-service regulations so as to reach their destination sooner. That level of overwork will naturally cause fatigue, which makes for unsafe driving.
More than one party to blame
Your case may have multiple defendants. First, there’s the trucking company or, if the trucker is an owner-operator, the driver. A second defendant could be the manufacturer of a defective truck part that contributed to the crash. Or, it could be a company that improperly loaded or secured the truck’s cargo.
Whoever the defendants turn out to be, don’t expect them to pay out damages without a fight. This is why most victims of commercial vehicle accidents seek out legal advice and guidance for their case. You may do the same and begin by scheduling a thorough case evaluation.