At Neufeld & Kleinberg, PA, your recovery and peace of mind are our top priorities. Trust us to handle your case with the dedication and skill needed to achieve the best possible outcome.

At Neufeld & Kleinberg, PA, our dedicated team of Florida truck accident lawyers is committed to providing exceptional legal representation for those who have been injured in trucking collisions. Truck accidents can be devastating, leading to severe injuries, significant property damage, and profound emotional and financial challenges. Given the complexity of these cases, often involving multiple parties, intricate regulations, and substantial insurance policies, it’s crucial to have an experienced legal advocate by your side to navigate the intricacies and fight for the justice you deserve.

 

 

At Neufeld & Kleinberg, PA, we understand the unique challenges that truck accident victims face. Whether you were involved in a collision with a large commercial truck, a semi-trailer, or a delivery vehicle, our team has the knowledge and resources to handle your case effectively. 

We recognize that each truck accident case is different, with factors such as driver fatigue, equipment failure, and regulatory violations contributing to the incident. Our attorneys are well-versed in federal and state trucking regulations and have a proven track record of holding responsible parties accountable for their negligence.

 

Our approach begins with thoroughly investigating your accident to gather crucial evidence, such as accident reports, black box data, and witness testimonies. We collaborate with accident reconstruction experts and medical professionals to build a strong case that accurately reflects the extent of your injuries and damages. 

From negotiating with insurance companies to representing you in court, our goal is to ensure that you receive fair compensation for your medical expenses, lost wages, pain and suffering, and other related losses.

At Neufeld & Kleinberg, PA, we pride ourselves on our client-centered approach. We provide compassionate support and clear communication throughout the legal process, ensuring you are informed and confident in every decision. Our team is committed to fighting tirelessly on your behalf, using our extensive legal experience to advocate for your rights and achieve the best possible outcome for your case.

If you or a loved one has been involved in a truck accident, don’t hesitate to reach out for the skilled legal assistance you need. Contact Neufeld & Kleinberg, PA, today to schedule a consultation and take the first step toward securing the compensation and justice you deserve.

Truck Accident Statistics

Looking at the trends over time illuminates the dangers associated with trucks. While they are crucial to our economy, they pose risks as well. In 2012, for example, United States roadways witnessed a tragic total of 33,561 fatalities due to motor vehicle crashes. This staggering figure is only a fraction of the overall impact of traffic accidents, as non-fatal crashes contribute significantly to the total number of incidents. The period from 2014 to 2015 saw a rise in collisions involving commercial vehicles, even as the total miles driven across the country increased by a modest 3.5%. 

The fatality rate, however, surged at a rate more than twice as high. In 2015, there were 4,067 deaths resulting from crashes involving large trucks, reflecting a 4.1% increase from the previous year. This marked the highest number of fatalities involving commercial vehicles since 2008. Of these fatalities, only 16.4% were occupants of the large trucks themselves. 

The majority, 73.5%, were occupants of passenger vehicles, while 10.1% were nonoccupants such as pedestrians, cyclists, and motorcyclists, as reported by the National Highway Traffic Safety Administration.

Federal research also highlights the following statistics regarding accidents involving large trucks:

  • Over 250,000 collisions involving large trucks occur annually.
  • Out of these, 232,000 result in property damage.
  • Approximately 51,000 of these incidents cause injuries to individuals.
  • There are around 2,987 fatalities each year due to large truck accidents.
  • More than 3,000 motorists die annually as a result of large truck crashes.
  • Each year, 74,000 people across the U.S. suffer injuries from large truck accidents.
  • In Florida, large truck accidents lead to the deaths of more than three individuals every week.

 

What To Do After a Florida Truck Accident

After a truck accident in Florida, it’s crucial to take immediate and deliberate actions to safeguard your health, ensure your safety, and preserve your legal rights. Truck accidents can be particularly complex due to the involvement of large commercial vehicles, which often lead to severe injuries and significant property damage. 

Your priority should be seeking medical attention, regardless of how you feel. Sometimes, injuries sustained in such accidents may not be immediately noticeable, and prompt medical evaluation is essential to identify and treat any underlying issues. This not only ensures your well-being but also helps document your injuries, which is important for both your health records and any potential legal claims. 

In the immediate aftermath, focusing on your health and well-being sets a solid foundation for managing the legal and insurance processes that follow. Here’s a guide on what to do following a truck accident:

  • Seek Medical Attention: Your health is the top priority. Even if you feel fine, it’s important to get a medical evaluation as some injuries may not be immediately apparent. Prompt medical care also helps document your injuries and links them to the accident.
  • Call the Authorities: Report the accident to local law enforcement. An official police report will be essential for your insurance claim and any potential legal action. Be sure to obtain the report number and the names and badge numbers of responding officers.
  • Document the Scene: If it’s safe, take photos of the accident scene, including vehicle damage, any injuries, road conditions, and relevant traffic signs. Capture the positions of the vehicles and any contributing factors, such as weather conditions or debris.
  • Exchange Information: Collect contact and insurance information from the truck driver and any witnesses. Obtain the truck driver’s name, contact details, license plate number, and the name of their trucking company.
  • Gather Witness Statements: If there are any witnesses to the accident, get their contact information and ask for their accounts of what happened. Their statements can be valuable for establishing the facts of the case.
  • Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate details about the accident, but avoid admitting fault or making recorded statements until you’ve consulted with an attorney.
  • Preserve Evidence: Keep records of all medical treatments, repair estimates, and any correspondence related to the accident. This documentation will support your claim for damages.
  • Consult a Florida Truck Accident Lawyer: Given the complexities involved in truck accident cases, including dealing with trucking companies and their insurers, it’s wise to seek legal advice. An experienced truck accident attorney can help you understand your rights, navigate the claims process, and pursue the compensation you deserve.

By following these steps, you can ensure that you are well-prepared to handle the aftermath of a truck accident and protect your interests moving forward.

 

Leading Causes of Florida Truck Accidents

Truck accidents in Florida are a major concern due to the immense size and weight of commercial vehicles compared to standard passenger cars. Understanding the leading causes of these accidents can help in taking preventive measures and ensuring safer roadways. Some of the most common factors contributing to truck accidents in Florida are:

  • Driver Fatigue: Long hours on the road can lead to driver exhaustion, impairing reaction times and judgment. Fatigued drivers are more likely to make mistakes, increasing the risk of accidents.
  • Distracted Driving: Truck drivers using mobile phones to text, GPS devices, or other distractions while driving can lose focus on the road, leading to dangerous situations and collisions.
  • Speeding: Excessive speed reduces a truck driver’s ability to react to sudden changes in traffic conditions, increasing the likelihood of accidents.
  • Improper Maintenance: Trucks that are not regularly serviced or maintained can suffer from mechanical failures such as brake malfunctions, tire blowouts, or engine issues, contributing to accidents.
  • Cargo Issues: Incorrectly loaded or unsecured cargo can shift during transit, causing truck instability and potential rollovers or collisions.
  • Driving Under the Influence: Substance abuse, including alcohol and drugs, impairs a driver’s ability to operate a truck safely, leading to a higher risk of accidents.
  • Adverse Weather Conditions: Rain, fog, and other severe weather conditions can make driving hazardous. Trucks require longer stopping distances and are more affected by weather, increasing accident risks.
  • Reckless Driving: Aggressive driving behaviors such as tailgating, lane changes without signaling, and aggressive maneuvering can lead to dangerous situations and collisions with other vehicles.

Addressing these common causes with proper regulations, driver training, and road safety measures can help reduce the frequency and severity of truck accidents in Florida.

Types of Truck Accident Cases We Handle

A Florida truck accident lawyer handles a diverse range of cases, each with its unique complexities and challenges. The main types of truck accident cases that these legal professionals manage include:

  • Rear-End Collisions: These occur when a truck crashes into the back of another vehicle, often due to insufficient stopping distance, driver inattention, or speed. Legal issues can involve determining fault and the extent of damages.
  • Jackknife Accidents: A jackknife accident happens when a truck’s trailer swings out and forms a “V” shape with the cab, usually caused by sudden braking or road conditions. These accidents can block roadways and result in severe collisions with other vehicles.
  • Rollover Accidents: Truck rollovers occur when a truck tips onto its side or roof, often due to sharp turns, high speeds, or uneven road surfaces. These cases can involve complex issues related to vehicle stability and cargo load.
  • Side-Impact Collisions: Also known as T-bone accidents, these occur when a truck collides with the side of another vehicle. Determining liability involves examining factors such as signal compliance and intersection control.
  • Under-Ride Accidents: These accidents happen when a smaller vehicle slides underneath a truck’s trailer, often due to insufficient visibility or truck height. They can lead to catastrophic injuries and require an examination of vehicle equipment and safety standards.
  • Wide-Turn Accidents: Trucks making wide turns can inadvertently strike other vehicles or pedestrians. These cases often involve evaluating the truck driver’s maneuvering and adherence to proper turning practices.
  • Truck Driver Negligence: Cases involving negligence by the truck driver, such as driving while fatigued, distracted, or under the influence, are critical in proving liability and seeking compensation.
  • Mechanical Failure: If an accident results from a truck’s mechanical failure, such as brake or tire issues, the case may involve manufacturers or maintenance companies in addition to the truck driver and company.
  • Cargo Spills: When cargo spills onto the road, it can cause accidents involving other vehicles or hazardous materials. Legal issues revolve around proper loading, securing of cargo, and adherence to regulations.
  • Fatal Truck Accidents: In cases where a truck accident results in a fatality, wrongful death claims may be pursued. These cases involve navigating complex legal and emotional aspects to seek compensation for surviving family members.

Each of these cases requires a detailed investigation and expertise in trucking regulations, vehicle dynamics, and accident reconstruction. A Florida truck accident lawyer is equipped to handle these complexities and advocate effectively on behalf of the victims.

 

Determining Liability in a Florida Truck Accident

Determining liability in a Florida truck accident involves a thorough examination of multiple factors to establish who is legally responsible for the crash. The process can be complex due to the involvement of large commercial vehicles and various parties. Here’s a detailed overview of how liability is typically determined in these cases:

  • Investigation of the Accident Scene: The first step is to investigate the scene of the accident. This includes gathering evidence such as photographs of the damage, skid marks, road conditions, and vehicle positions. Accident reconstruction experts may be used to analyze the crash dynamics and determine how the accident occurred.
  • Examination of Police Reports: Law enforcement officers usually generate a report following the accident, which includes details about the scene, statements from involved parties and witnesses, and any citations issued. While the police report is a valuable piece of evidence, it is not determinative of liability but helps provide context.
  • Analysis of Driver Behavior: It is crucial to assess the conduct of the truck driver. Factors such as speeding, driving under the influence, distracted driving, and fatigue are examined. Any violations of traffic laws or trucking regulations (such as hours-of-service rules) are also considered.
  • Review of Trucking Company Practices: Liability may extend beyond the truck driver to the trucking company. This involves investigating whether the company properly maintained the truck, adhered to safety regulations, and conducted adequate driver training. If the company’s negligence contributed to the accident, they may share liability.
  • Inspection of Vehicle Maintenance Records: Proper maintenance is essential for truck safety. Examining the truck’s maintenance records can reveal whether any mechanical failures, such as brake or tire issues, played a role in the accident. Faulty equipment due to poor maintenance can implicate both the trucking company and equipment manufacturers.
  • Evaluation of Cargo Loading: Improperly loaded or secured cargo can cause accidents. Reviewing the cargo loading procedures and securing methods helps determine if cargo issues contributed to the crash. Liability for cargo-related accidents can fall on the truck driver, trucking company, or cargo loaders.
  • Determination of Comparative Fault: Florida follows a comparative fault system, meaning that multiple parties can share liability based on their percentage of fault. This means that if the truck driver, trucking company, or other parties are found to be partially at fault, liability is apportioned accordingly. For example, if the truck driver was speeding but the other vehicle was also driving recklessly, both parties’ actions will be evaluated to determine their respective contributions to the accident.
  • Assessment of Witness Statements and Evidence: Testimonies from witnesses, including other drivers and passengers, can provide insight into the accident. Surveillance footage from nearby cameras or dashcams can also be instrumental in understanding the circumstances leading to the crash.
  • Consultation with Experts: In complex cases, expert opinions from accident reconstruction specialists, medical professionals, and other experts may be sought to provide a detailed analysis of how the accident happened and the extent of injuries.

Determining liability in a Florida truck accident requires a comprehensive approach, taking into account all relevant factors and evidence. An experienced Florida truck accident lawyer can help navigate this process, gather necessary evidence, and advocate for fair compensation based on the findings.

Damages Available to Florida Truck Accident Victims

Florida truck accident victims may be entitled to various types of damages depending on the circumstances of the accident and the extent of their injuries. The damages are generally categorized into economic, non-economic, and, in some cases, punitive damages. Here’s a detailed breakdown of the types of damages available:

Economic Damages

Economic damages compensate for measurable financial losses resulting from the accident. These damages include:

  • Medical Expenses: Coverage for all medical costs related to the accident, including hospital bills, surgeries, medications, physical therapy, and future medical care.
  • Lost Wages: Compensation for income lost due to the inability to work while recovering from injuries. This can include both current and future lost wages if the victim is unable to return to their previous employment or work at all.
  • Property Damage: Reimbursement for the repair or replacement of the vehicle and any personal property damaged in the accident.
  • Rehabilitation Costs: Expenses for long-term rehabilitation services such as physical therapy, occupational therapy, and other forms of recovery support.
  • Assistive Devices: Costs related to purchasing or renting assistive devices such as wheelchairs, prosthetics, or home modifications needed due to the accident injuries.

 

Non-Economic Damages

Non-economic damages compensate for intangible losses that are harder to quantify but significantly impact the victim’s quality of life. These damages include:

  • Pain and Suffering: Compensation for the physical pain and emotional distress experienced due to the injuries sustained in the accident. This includes both immediate pain and long-term suffering.
  • Emotional Distress: Compensation for psychological impact, including anxiety, depression, and post-traumatic stress disorder (PTSD) that results from the accident.
  • Loss of Consortium: Compensation for the impact on relationships with a spouse or family members due to the victim’s injuries. This includes loss of companionship, affection, and intimacy.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious or reckless. They are intended to punish the wrongdoer and deter similar behavior in the future. In Florida, punitive damages are only awarded if the plaintiff can prove that the defendant acted with gross negligence or intentional misconduct.

Wrongful Death Damages

If the accident results in a fatality, the victim’s family may be entitled to wrongful death damages, which can include:

  • Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial.
  • Loss of Financial Support: Compensation for the loss of income that the deceased would have provided to their family.
  • Loss of Companionship: Damages for the emotional and relational loss experienced by surviving family members.
  • Survival Action Damages: Compensation for pain and suffering experienced by the deceased before their death.

Each case is unique, and the specific damages available will depend on the facts of the case, the severity of the injuries, and the impact on the victim’s life with instances such as brain injury. Consulting with a Florida truck accident lawyer can help victims understand their rights, evaluate the damages they may be entitled to, and pursue a fair settlement or court award.

How Compensation is Determined in a Florida Truck Accident

The amount of compensation you may receive for a Florida truck accident is influenced by various factors that impact both the severity of your damages and the strength of your legal claim. Here are some key factors that determine the amount of compensation:

Severity of Injuries

The extent and seriousness of your injuries play a crucial role in determining compensation. Severe injuries that require extensive medical treatment, surgery, or long-term rehabilitation typically result in higher compensation amounts. The impact on your quality of life, such as permanent disability, amputation, or chronic pain, also affects the compensation.

Medical Expenses

Your medical expenses, both past and future, are a significant factor in determining compensation. This includes hospital bills, medical treatments, surgeries, medications, physical therapy, and any ongoing care or rehabilitation needs. Documentation of these expenses is essential in establishing the financial impact of your injuries.

Lost Wages and Earning Capacity

Compensation for lost wages covers the income you have missed due to the accident and your recovery time. If your injuries affect your ability to return to work or diminish your earning potential, you may be entitled to compensation for future lost wages or reduced earning capacity.

 

Property Damage

The cost of repairing or replacing your vehicle and any personal property damaged in the accident is factored into the compensation. This includes assessing the value of your vehicle and other property before and after the accident.

Pain and Suffering

Non-economic damages for pain and suffering compensate for the physical pain and emotional distress caused by the accident. This is more subjective and varies based on the severity of your injuries and their impact on your life.

Comparative Fault

Florida follows a comparative fault system, where compensation may be reduced based on the degree of fault assigned to each party involved in the accident. If you are found partially at fault, your compensation will be adjusted according to your percentage of fault.

Insurance Coverage

The insurance policies of the parties involved, including the truck drivers, trucking companies, and any other relevant policies, can impact the compensation amount. Policy limits and coverage details determine how much can be recovered from each insurance source.

Evidence and Documentation

The strength of your evidence, including police reports, witness statements, accident reconstruction analysis, medical records, and proof of damages, influences how much compensation you receive. Comprehensive and well-documented evidence supports your claim and can lead to a more favorable settlement or verdict.

Negotiation and Settlement Skills

The ability of your attorney to negotiate effectively with insurance companies and opposing counsel can affect the final compensation amount. Skilled negotiation can result in a higher settlement offer or a favorable court award.

Legal Representation

The experience and expertise of your legal representation play a crucial role in securing appropriate compensation. A knowledgeable Florida truck accident lawyer can navigate complex legal processes, advocate on your behalf, and ensure that you receive the compensation you deserve.

Long-Term Impact

Consideration of the long-term effects of your injuries on your daily life and future prospects can influence compensation. This includes evaluating the impact on your ability to perform daily activities, participate in recreational activities, and maintain relationships.

Each truck accident case is unique, and compensation is tailored to the specific circumstances and damages involved. Consulting with a Florida truck accident lawyer can help you understand how these factors apply to your case and work towards obtaining the maximum compensation possible.

What If I Contributed to My Own Injuries?

You can still be eligible to receive compensation for your injuries even if you contributed to the truck accident. Florida operates under a comparative fault system, which allows for the apportionment of damages based on the degree of fault assigned to each party involved in the accident. Here’s how it works:

Comparative Fault in Florida

  • Modified Comparative Fault Rule: Florida follows a modified comparative fault rule with a 51% bar. This means you can recover damages if you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For instance, if you are found to be 30% at fault and your total damages are $100,000, you would be eligible to receive $70,000, which is the amount of damages minus your 30% share of fault.

 

Factors Affecting Compensation

  • Degree of Fault: Your compensation amount will be reduced proportionally to the degree of fault assigned to you. If you were partially responsible, the compensation you receive will be adjusted to reflect your share of the responsibility.
  • Insurance Coverage: The amount you can recover also depends on the insurance policies involved and their coverage limits. Even if you contributed to the accident, you may still be able to claim compensation up to the policy limits.
  • Evidence of Liability: The determination of fault relies on the evidence presented, including police reports, witness statements, and accident reconstruction analysis. Strong evidence demonstrating that the other party was primarily at fault can help increase the amount of compensation you are eligible to receive.

Legal Considerations

  • Liability Assessment: Your lawyer will work to minimize your percentage of fault and maximize the compensation you can receive. They will gather evidence, negotiate with insurance companies, and present your case effectively to ensure you receive fair compensation.
  • Impact on Settlement: While your compensation may be reduced based on your level of fault, you are still entitled to recover damages for your injuries, medical expenses, lost wages, and other related losses.

Consulting a Lawyer

It is important to consult with a Florida truck accident lawyer to understand how your contribution to the accident might affect your case. An experienced attorney can help you navigate the complexities of comparative fault, gather evidence, and advocate for the compensation you deserve despite any shared responsibility.

Contributing to your own truck accident injuries does not automatically disqualify you from receiving compensation. Florida’s comparative fault system ensures that even if you are partially at fault, you can still recover damages, though the amount will be adjusted based on your share of responsibility.

Schedule Your Free Consultation Today

At Neufeld & Kleinberg, PA, we understand the complexities and challenges that come with truck accident cases. Navigating the legal landscape after a truck accident requires not only knowledge of the law but also a compassionate approach to addressing the impact on your life.

Our team is dedicated to ensuring you receive the compensation you deserve by thoroughly investigating the accident, negotiating with insurance companies, and advocating for your rights. We are committed to providing personalized legal support every step of the way, helping you recover both physically and financially.

If you or a loved one has been involved in a truck accident, don’t face the aftermath alone. Contact Neufeld & Kleinberg, PA, today to discuss your case with our experienced attorneys. We are here to guide you through the legal process and fight for the justice you deserve. Call us now to schedule a free consultation and take the first step toward securing your future.